About the Action

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 between 2002 and the present because of errors in the calculation of annual adjustments under section 75 of the Pension Act.

Who does it affect?

If you are a member or former member of the Canadian Armed Forces or the Royal Canadian Mounted Police – or their spouse, common law partner, survivor, or dependant – and you received, at any time between 2002 and the present, certain disability benefits from VAC, you may be a member of the class. Eligible estates of persons who received these disability benefits may also be class members.

The Federal Court has defined the class 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.

The disability benefits listed at Schedule “A” of the certification order rely on the basic pension indexation provision under section 75 of the Pension Act. The Plaintiffs allege that all benefits relying on the basic pension indexation provision are affected by an error in the indexation calculation under section 75.

Important Documents

Statement of Defence, 30 July 2021 icon-download
Notice of Certification, 30 July 2021 icon-download
Opt Out Form icon-download
Certification Order, 23 December 2020 icon-download
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Documents

Register to participate in the class proceeding

If you are a member or former member of the Canadian Armed Forces or the Royal Canadian Mounted Police – or a spouse, common law partner, or dependant of a veteran – and you received, at any time between 2002 and the present, certain disability benefits from Veterans Affairs Canada, you may be a member of the class. Eligible estates of persons who received these disability benefits may also be class members.