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 December 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.
September 12, 2017
We have now agreed with the Department of Justice to delay the Discovery Process until December 2017. This will provides us with more time to complete our preparations and legal research for this important pre-trial procedure where parties exchange information and documents.
October 20, 2017
We are receiving a number of inquiries from class members concerning the progress of the Class Action suit. In every instance, we advise that legal proceedings are by their very nature lengthy. Also, very little information is disclosed or discussed publicly by either party until the matter proceed to trial.
Class action suits are the same.
During that pre-trial period, each party is busy preparing for the eventuality of a trial, and/or mediation and possibly settlement negotiations. Whatever, the respective actions of each party are governed by. and only by, the Rules of Procedures established by the applicable Tribunal
Having said that, to the degree possible, we are committed to keeping this website updated to reflect the progress of this class suit so that all members of the class are provided with the same information and at the same time.
December 12, 2017
We well understand the hunger for updates on the part of Class members. However, at present, we have nothing noteworthy to report except to assure members that the legal team is working hard and remains very focused on bringing positive results. The motto of my former Corps (RCASC) says it all: NIL SINE LABORE.
FEBRUARY 14, 2018
Class counsel are currently engaged in discussions with the Department of Justice with a view to finding a resolution to the class claims.
Given the size of the two classes, and the diversity and complexity of class members’ claims, the discussions could take some months.
Class Members will be kept informed of significant developments as information becomes available.