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
We are pleased to inform you that the Federal Court decision approving the settlement of this class proceeding became effective on March 19, 2024.
Later this year, Class Members who currently receive disability pensions directly from Veterans Affairs Canada (VAC) will automatically receive settlement payments from VAC by direct deposit or cheque.
Estates, family members of deceased Class Members and other Class Members who do not currently receive disability pensions directly from VAC will be required to submit a Claim by March 19, 2025. Claims can be submitted at the administrator’s website:
A dedicated call center has been established by the administrator to address general inquiries and help individuals complete the online claims form. Please call 1 (833) 839-0648. You may also visit the administrator’s FAQ page.
READ THE PRESS RELEASE
- Class Action Settled (November 8, 2023)
The parties in this action reached a settlement to resolve the claims, which was subject to Court approval. The approval hearing was held on December 18, 2023.
A copy of the agreement can be found here: Final Settlement Agreement, November 8, 2023.
Read the press release:
- Recours Collectif Réglé (8 novembre 2023)
Nous sommes heureux d’annoncer que les parties à cette action sont parvenues à un règlement pour résoudre les réclamations, qui est sujet à l’approbation du tribunal. L’audience d’approbation aura lieu le 18 décembre 2023.
Une copie de l’accord peut être trouvée ici : Entente de règlement finale, 8 novembre 2023.
Lire le communiqué de presse:
- Notice of Settlement Approval Hearing issued October 17, 2023
The Government of Canada has agreed to settle a certified class action involving the underpayment of certain disability pension benefits administered by Veterans Affairs Canada (VAC) and payable to certain members and former members of the Canadian Armed Forces and the Royal Canadian Mounted Police and their survivors.
The Short Form Notice of the Settlement Approval Hearing, in English and French, which has been approved by the Federal Court can be found here: Short Form Notice.
The Notice includes information about the settlement, the approval hearing and the rights of class members.
All documents relating to this class action and the proposed settlement can be found on the Court Documents page of this website. The settlement agreement will be available for viewing on this website beginning on November 8, 2023.
- Avis d’audience pour l’approbation du Règlement émis le 17 octobre 2023
Le gouvernement du Canada a accepté de régler une action collective certifiée concernant une erreur alléguée de calcul de certaines pensions et prestations d’invalidité administrées par Anciens Combattants Canada (« ACC») payables aux membres ou anciens membres des Forces armées canadiennes (« FAC») et de la Gendarmerie royale du Canada (« GRC») ainsi qu’à leurs époux, conjoints de fait, survivants et autres personnes apparentées.
L’Avis comprend des informations sur le Règlement, l’Audience pour l’approbation du Règlement et les droits des membres du groupe.
Tous les documents relatifs à cette action collective et au Règlement proposé se trouvent sur la page Documents judiciaires de ce site Web. L’Accord de règlement pourra être consulté sur ce site Web à partir du 8 novembre 2023.
For full information about this class proceeding and to register for updates visit:
Pour obtenir des informations complètes sur ce recours collectif et pour vous inscrire aux mises à jour, visitez:
The website provides information in both English and French.
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.
AFFECTED BENEFITS
- Pension Act – Pension for disability
- Pension Act – Pension for death
- Pension Act – Attendance allowance
- Pension Act – Allowance for wear and tear of clothing or for specially made apparel
- Pension Act – Exceptional incapacity allowance
- Civilian War-related Benefits Act – War pensions and allowances for salt water fishers, overseas headquarters staff, air raid precautions works, and injury for remedial treatment of various persons and voluntary aid detachment (World War II)
- Flying Accidents Compensation Regulations – flying accidents compensation
- RCMP disability benefits awarded in accordance with the Pension Act
- Veterans Well-being Act – Clothing allowance
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.
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:
The website provides information in both English and French.
How do I contact the Murphy Battista lawyers on this matter?
In the News
- Federal government looking to settle lawsuit over $165 million error in veterans benefits
- MacAulay says he wants to speed up missing pay for shortchanged veterans
- Ottawa could face four class-action lawsuits over $165M error at Veterans Affairs
- Ottawa short-changed more than 270,000 veterans on pensions, disability
- 270,000 veterans owed $165 million for disability pension ‘error’
- Veterans owed $165 million due to accounting error in disability pensions
In the News
Proposed Settlement in Veterans’ Disability Benefits Miscalculation Class Action
November 14, 2023
We are pleased to announce that the parties in Manuge v. His Majesty the King, Federal Court, Action No.: T-119-19 have reached a proposed settlement to resolve the claims in this class action, which is subject to Court approval. The approval hearing will be held on December 18, 2023. A…
Continue ReadingFederal 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…
Continue ReadingMurphy 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…
Continue Reading