CLASS ACTION REGARDING THE CALCULATION OF LONG TERM DISABILITY BENEFITS UNDER DIVISION 2, PART III(B) of SISIP POLICY #901102
Simon Logan v. Her Majesty The Queen
Federal Court of Canada Number T-1358-18
UPDATE: July 9, 2022
UPDATE: April 6, 2022
The Government of Canada has advised Class Counsel that it is committed to meeting as soon as possible to resolve this important matter. Both parties will be providing the Federal Court with a progress update on April 29, 2022. The parties remain hopeful that an agreement can be reached. If an agreement is reached, the parties will advise Class Members and seek the necessary Court approval as quickly as possible.
UPDATE: November 1, 2021
I am writing to provide an update in the class action of Logan v. Canada. As you likely know, in March 2020, the Federal Court ruled that the Federal Government did not properly calculate long term disability benefits as it failed to include a CAF Regular Force member’s allowances at the time of their medical release in the calculation. For Class C reservists, the applicable time period is the date of their injury.
The Federal Government has accepted this decision. However, some issues remain to be resolved. The parties are currently in discussions, and hope to resolve these issues towards a settlement agreement in early 2022.
UPDATE: May 7, 2021
The parties held a case management conference on April 30, 2021.
In an effort to resolve the remaining issues, we requested the appointment of a Federal Court judge to conduct a judicial mediation between the parties. The Government of Canada has agreed with our request. Once the judge is appointed in the upcoming weeks, the parties will work with him or her to schedule the judicial mediation process.
As always, we are working to move this matter along as quickly as possible. Thank you for your patience.
UPDATE: February 1, 2021
At this time we are awaiting the Government of Canada’s position on a number of outstanding issues. We are using the Court process to move this matter ahead as quickly as possible. Our next case management conference is scheduled for April 30, 2021.
UPDATE: December 4, 2020
The parties are proceeding with settlement discussions in the hope of resolving the remaining issues in early 2021. In addition, the parties have a case management conference scheduled with the Court on January 29, 2021.
This update is information only; there is no action required by Class Members. Further, we are currently unable to calculate individual awards, nor are we able to estimate a timeline on any payments.
UPDATE: September 24, 2020
The parties are scheduled to appear in court in early November to discuss the next steps in this proceeding. We will provide a further update following this appearance.
This update is informative only; there is no action required by Class Members. Further, we are currently unable to calculate individual awards, nor are we able to estimate a timeline on any payments.
UPDATE: May 20, 2020
The Court approved update to the Class is available here.
This Notice is informative only; there is no action required by Class Members. Further, we are currently unable to calculate individual awards, nor are we able to estimate a timeline on any payments.
The offices of McInnes Cooper are currently closed as a response to the COVID-19 pandemic. As a result, we will not be able to return any phone calls or emails at this time.
UPDATE: March 25, 2020
On March 24, 2020, the Federal Court ruled that the Federal Government has underpaid many disabled veterans who were medically released from the Canadian Armed Forces.
The decision is available here: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/nav_date.do
Specifically, the Federal Court ruled that veterans’ allowances at the time of their medical release should have been included in the calculation of their long term disability benefits.
We are very pleased with this result. However, the Federal Government may appeal the Court’s decision. We ask that, if you are interested in this issue, you contact your Member of Parliament and urge the Federal Government not to appeal this decision.
Presently, we are unable to calculate what award individual members may be entitled to. The offices of McInnes Cooper are currently closed as a response to the COVID-19 pandemic. As a result, we will not be able to return any phone calls or emails at this time.
What is this Class Action About?
The Plaintiff and the Class say that the Defendant breached the terms of Division 2, Part III(B) of SISIP Policy 901102 by improperly calculating the monthly income benefit and monthly income benefit – dismemberment.
Division 2, Part III(B) of SISIP Policy 901102 provides long term disability and dismemberment insurance to members of the Regular Force and Reserve Force – Class C who were medically released from the Canadian Armed Forces on or after December 1, 1999.
In particular, the Plaintiff and the Class say the Defendant failed to include monthly allowances as part of the “member’s monthly pay in effect on the date of release from the Canadian Forces” or “solde mensuelle du membre à la date de libération des Forces canadiennes” for the purposes of calculating the monthly income benefits of Regular Force Members.
Further, the Plaintiff and the Class say the Defendant failed to include monthly allowances as part of their “monthly pay in effect when the injury was incurred or the illness was contracted” or “la solde mensuelle en vigueur au moment où la blessure est survenue ou que la maladie a été contractée” for the purposes of calculating the monthly income benefits in the case of a Reserve Force Class “C” member.
Who are the Class Members?
The Federal Court has defined the Class as follows:
All former members of the Canadian Armed Forces who on or after July 17, 2012, received long term disability benefits and/or dismemberment benefits under Division 2, Part III(B) of SISIP Policy 901102, and had an allowance from the Canadian Armed Forces in effect on the date of their release from the Canadian Armed Forces or, in the case of a Class “C” member, when the injury was incurred or the illness was contracted. (“Class”)
What do I need to do to take part?
All class members have the right to participate in the class action. You are automatically included in the class action unless you opt-out of participating. You do not need to do anything if you wish to participate. If you wish to opt-out, you must do so by completing an opt-out form available from McInnes Cooper. Your opt-out form must be received no later than 28 January 2020. If you opt-out, you will not be affected by any decision the Court makes on the common issue in the class action, and will not be eligible to receive any payment from a settlement or judgment in favour of the Class.
Any Class Member who does not opt out will be bound by any settlement approved or judgment rendered by the Court.
McInnes Cooper can help you confirm whether you are a Class Member.
Do I need to pay anything?
You do not need to pay any legal fees directly out of your pocket. If the case is unsuccessful, no legal fees will be charged. By agreement with the representative plaintiff, a legal fee up to 33% of any amounts received may be paid to class counsel. If any settlement, judgment, or other benefit is obtained, class counsel shall apply to the Federal Court for approval of its fees.
Who is the Lawyer for the Class?
1300-1969 Upper Water Street
Halifax, NS B3J 2V1
Email: [email protected]
Where can I find more information ?
For more information or to opt-out of the class action, please contact McInnes Cooper at the address or email above.
Visit our Frequently Asked Questions page to learn more.
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.