Miscalculation of Disability Pensions Class Action

Manuge v His Majesty The King

Court: Federal Court: T-119-19
Date filed: Consolidated Statement of Claim Filed 30 October 2019
Date certified: 23 December 2020

Status update

The parties are currently engaged in confidential without prejudice discussions that may lead to a general settlement of the class proceeding. Please register on the vetspensionerror.ca website (here) and watch for further updates.

What is the claim about?

Veterans Affairs Canada administers certain disability benefits for current and former members of the Canadian Armed Forces and the Royal Canadian Mounted Police, which must be adjusted annually. The class proceeding seeks damages for alleged underpayments that occurred because of errors in the calculation of annual adjustments under section 75 of the Pension Act.

On 23 December 2020, the Federal Court certified the action as a class proceeding.

Who does the claim affect?

The class (people affected) is defined as:

All members and former members of the Canadian Armed Forces and Royal Canadian Mounted Police, and their spouses, common law partners, dependants, survivors, orphans, and any other individuals, including eligible estates of all such persons, who received – at any time between 2002 and the present – disability pensions, disability awards, and other benefits from Veterans Affairs Canada that were affected by the annual adjustment of the basic pension under section 75 of the Pension Act including, but not limited to, the awards and benefits listed at Schedule “A” of the certification order:

  • Pension Act: pension for disability; pension for death; attendance allowance; allowance for wear and tear of clothing or for specially made apparel; and exceptional incapacity allowance;
  • Veterans Well-being Act: disability award; and clothing allowance;
  • Veterans Well-being Regulations: remuneration of an escort;
  • Veterans Health Care Regulations: remuneration of an escort; and treatment allowance;
  • Veterans Review and Appeal Board Act: compassionate award;
  • Civilian War-related Benefits Act: war pensions and allowances for salt water fishers, overseas headquarters staff, and air raid precautions workers; and injury for remedial treatment of various persons and voluntary aid detachment (World War II);
  • Children of Deceased Veterans Education Assistance Act: monthly allowance for education; and
  • Flying Accidents Compensation Regulations: flying accidents compensation.

Who are the lawyers?

This class proceeding is being led by a national consortium of well-respected law firms, including Murphy Battista LLP, that provide advice and representation in class action lawsuits and complex litigation matters.

The team of lawyers at Murphy Battista LLP, who are co-counsel on this class proceeding includes:

Bill is a partner at the firm and an experienced trial lawyer who has obtained multi-million dollar awards on behalf of clients injured in complex personal injury and medical malpractice claims. Bill is currently the Vice President of the Trial Lawyers Association of BC.

Angela has extensive experience as class counsel in large-scale, national class actions. She has achieved settlements for class members in excess of $800 million and has been recognized by the Federal Court of Canada as a leading practitioner in the field. Angela was named one of the Top 25 Most Influential Lawyers of 2020 by Canadian Lawyer.

What can I do if I think I’m affected by this class proceeding?

To learn more about this class proceeding and to register for updates visit:

vetspensionerror.ca

The website provides information in both English and French.

The parties are currently engaged in confidential without prejudice discussions that may lead to a general settlement of the class proceeding. Please register on the vetspensionerror.ca website (here) and watch for further updates.

How do I contact the Murphy Battista lawyers on this matter?

For information or help in connection with this class proceeding you can contact:

Bill Dick, K.C.
Kelowna Office phone:  (250) 979-7230
Email:[email protected]
Or

Angela Bespflug
Vancouver Office phone:  (604) 683-9621
Email: [email protected]

Media Coverage of the Proposed Class Action

In the News

Federal Government in Exploratory Talks to Settle Class Action Lawsuit Over Veterans Affairs $165M Accounting Error

January 19, 2021

CBC reports on recent steps by the federal government to address an accounting error by Veterans Affairs Canada regarding the calculation of disability awards and pensions. The $165 million accounting error, affecting over 250,000 veterans, began in 2002 and continued undetected until 2010. You can learn more about the lawsuit…

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Murphy Battista’s Kelowna office is participating in proposed class action over miscalculation of veterans pension benefits

February 27, 2019

Peter J. Driscoll and Bill Dick, Q.C. are working on a proposed class action lawsuit concerning an accounting error in the calculation of disability awards and pensions at Veterans Affairs. The error ran undetected for eight years and resulted in shortchanging more than 250,000 former soldiers, sailors and aircrew. We…

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