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.
More news will be posted here as they become available