Class Action brought by disabled veterans against the Government of Canada takes another big step forward
January 21, 2011
In a recent decision by the Supreme Court of Canada, a Class Action brought by disabled veterans against the Government of Canada, took another big step forward.
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 Government of Canada appealed this decision to the Federal Court of Appeal (“FCA”). The appeal was allowed, effectively de-certifying the claim. Mr. Manuge took it to the Supreme Court of Canada and on December 23, 2010, the Court allowed the appeal and fully restored the Federal Court’s Order, once again certifying Mr. Manuge’s action.
The effect of the certification of this claim cannot be understated. Upon the original certification, the claim changed from one individual against the Government of Canada, to in excess of 6,500 disabled veterans pursuing the Government of Canada for their collective losses.
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