Manuge v. Her Majesty the Queen
Federal Court of Canada Number T-463-07
Final Notice of Court Approved Settlement
Click here to see the Final Notice of Court Approved Settlement. Manulife Financial will mail this Notice to the most recent address it has for all Class Members.
Cliquez ici pour lire le dernier avis du règlement approuvé par la Cour. La Financière Manuvie enverra cet avis à tous les membres du recours collectif et ce, à l’adresse la plus récente au dossier.
Keeping Veterans Informed
We want to be sure that you stay informed as the process of implementing the settlement unfolds. Please keep checking the Leave No Vet Behind website for the most current information. If you have any questions, please email us at SISIPClassAction@mcinnescooper.com.
The Class Action:
The Class Action was initiated in March of 2007 on behalf Dennis Manuge and all other disabled veterans whose SISIP Long Term Disability Benefits are reduced by the amount of the monthly VAC Disability Pension they receive under the Pension Act. On May 20, 2008, the Federal Court of Canada certified the claim as a Class Action and defined the Class as follows:
All former members of the Canadian Forces whose long term disability benefits under the SISIP policy number 901102 were reduced by the amount of their VAC disability benefits received pursuant to the Pension Act from April 17, 1985 to date.
The effect of the certification of this claim cannot be understated. Upon certification, the claim changed from one individual pursuing litigation against the Government of Canada alone to in excess of 4500 disabled veterans pursuing the Government of Canada for their collective losses.
Click here for Key Documentation
How Do You Participate In The Claim:
If you fall within the definition of the Class, you do not need to do anything to participate as you are automatically included in the Class Action. Each individual member of the Class will receive notice of the claim and an opportunity to opt out of the litigation should the individual not wish to participate. Details as to how you opt out of the litigation will be included in the individual notice.
What Is The Action About:
Under the terms of the SISIP Long Term Disability Plan (“SISIP LTD”), the amount of VAC Disability Pension payable to a disabled veteran is deducted from the amount of SISIP LTD otherwise payable to the veteran representing 75% pre-release salary. The Class Action challenges the authority of the Government of Canada to lawfully deduct the VAC Disability Pension from the SISIP LTD benefits otherwise payable and further challenges the offset as being contrary to the Canadian Charter of Rights and Freedoms. The claim also alleges breach of fiduciary duties, unjust enrichment, breach of public duty and bad faith on the part of the Government of Canada. The claim is based on the information contained in the 2003 report of the DND Ombudsman entitled “Unfair Deductions from SISIP Payments to Former CF Members” which found the claw back to be “fundamentally unfair”.
Do I Have To Pay Legal Fees?
No. You do not have to pay any direct legal fees out of your own pocket to become involved in the claim. If the case is not successful, no legal fees will be charged. By agreement with the representative Plaintiff, counsel fees may be calculated at a percentage of any amounts recovered. The legal fees payable to us as counsel to the Class must be approved by the Court. For example, if a settlement, voluntary payment or other benefit is obtained as a result of the class action, we will be required to apply to Court for approval of our fee that is consistent with the terms of the agreement reached with the representative Plaintiff or some lesser amount depending on what the Court decides to be fair. This arrangement compensates us for the risk we have assumed in advancing the case and performing the legal work without a guarantee of being paid. We do not receive any money unless we are successful and even if the Class Action does not succeed, you are not responsible for any of the lawyers’ fees involved in the case.
Our Database of Class Members:
At present, we are creating a data base of individuals who may fit the definition of the Class. You may contact us to assist you to determine whether you are a Class member by contacting us at firstname.lastname@example.org. When contacting us, please provide:
- Your name;
- Your address;
- Your dates of service in the Canadian Forces;
- Your date of medical release from the Canadian Forces;
- The date upon which you commence receiving a VAC disability benefit under the Pension Act;
- The date you commence receiving SISIP Long Term Disability benefits;
- The amount by which your SISIP LTD benefits were reduced by your VAC disability benefits.
We are currently developing a webpage providing answers to frequently asked questions from members of the Class. We expect to publish this page shortly and this page will be updated as the matter progresses to assist you in understanding the process.
As always, please do not hesitate to contact us at email@example.com should you have any questions.