November 10, 2023

Murphy Battista

On Remembrance Day, we recognize the sacrifices that Members and Veterans of the Canadian Armed Forces have made for Canada. These people voluntarily risk their lives in the name of freedom. Their service is not without risks that include debilitating injuries and death.

As we pause to reflect and pay tribute to those who have selflessly answered the call to serve Canada, we are also pleased to report some progress in efforts to ensure that Members and Veterans and their families receive adequate support from Veterans Affairs Canada should service to our country result in injury.

Supplemental Retirement Benefits Class Action

On November 8, 2023, a final settlement agreement was reached to resolve the claims in Manuge v. His Majesty the King, a class action aimed at correcting the miscalculation and underpayment of benefits to disabled veterans and their surviving family members for the past two decades.

The settlement is subject to Court approval, and the approval hearing will be held on December 18, 2023.

A copy of the agreement can be found here: Final Settlement Agreement, November 8, 2023.

We can also confirm that Bruyea v. Canada, a class action certified in October 2022 concerning the underpayment of certain benefits sponsored and administered by Veterans Affairs Canada (VAC), is also proceeding. This class action concerns the Supplementary Retirement Benefit program (SRB ) that was established by Canada to compensate for the lower pension earnings and retirement benefits payable to Veterans who had been unable to engage in suitable gainful employment because of service-related injuries and disabilities. The class action claims that the VAC was negligent in informing and advising Class Members of the financial benefits for which they were allegedly eligible, in particular, the Earnings Loss Benefit and the SRB. The plaintiff and the Class claim that the failure by VAC to provide timely and accurate information about entitlement to the Supplementary Retirement Benefit resulted in smaller payouts than the Class Members would have otherwise been entitled to or actually received.

If you are a former member of the CAF (a “Veteran”) and received the Supplementary Retirement Benefit in 2019, or if you are the survivor of a Veteran and received the Supplementary Retirement Benefit in 2019, then you may be a member of the Class. Please visit Supplemental Retirement Benefits Class Action to view important notices regarding this class action. Information is provided in both English and French.

All Murphy Battista LLP offices will be closed on Monday, November 13, 2023, to honour the sacrifices and service of Canada’s veterans.

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