April 14, 2016. The Federal Court of Canada has certified Raymond Michael Toth v. Her Majesty The Queen as a class proceedings on March 17, 2016.
Mr. Raymond Michael Toth has been appointed as representative Plaintiff on behalf of the class. The class action seeks, among other things, a declaration that the deduction of disability benefits from Earnings Loss Benefit (“ELB”). Canadian Forces Income Support Benefit (“CFIS”) and War Veterans Allowance (“WVA”) was discriminatory on the basis of disability contrary to s. 15 of the Canadian Charter of Rights and Freedoms.
Mr. Malcom Ruby of Gowling WLG (Canada) LLP (Gowling) and Colonel-Maitre® Michel W. Drapeau and Mr. Joshua Juneau of Michel Drapeau Law Office (MDLO) have been appointed as class counsel and counsel for any related proceedings.
* * * UPDATE – March 21, 2017 * * *
The parties are still at the “Discovery” stage. Parties have now delivered an Affidavit that lists all relevant documents in each party’s power, possession or control.
The parties have yet to agree on a Discovery Plan, however. This should be completed later on this Spring or Summer 2017.
UPDATE – JULY 6 , 2017
Who is part of the Class Action Suit? A number of Veterans have been contacting us to ascertain whether or not they are considered part of the Class Action. In each instance, we have advised that last winter the Government of Canada communicated in writing with Veterans included in the suit.
How many are part of the Class Action. We estimate that approx 20,000 veterans would have received such communication from Veterans Affairs Canada (VAC).
Are some WW II veterans part of the class action suit? The answer is yes. Obvious, those eligible veterans are of an advanced age which is a powerful reason for parties to mediate a settlement at the earliest opportunity.
What is the current status of the Class Action Suit? The Government of Canada, through its agents at Justice Canada has committed to either enter into Mediation or commence the pre-trial Discovery Process in October 2017.
What is the purpose of Discovery? The Discovery Process, which is a prelude to a trial, aims at conducting oral examinations of the representative(s) of the opposing party to discover admissible evidence. Discovery also permits the exchange and production of information between parties.
What is the likely date for a trial? In the absence of mediation and with the Discovery Process commencing in October 2017, it is most unlikely that the case would be set down for trial, at the very earliest, very late in 2018.
More news will be posted here as they become available