The Federal Court of Canada has recently approved a landmark settlement of $817 million, effectively bringing an end to a prolonged class-action lawsuit. This legal case focused on the underpayment of disability pension benefits for veterans of the Canadian Armed Forces (CAF), the Royal Canadian Mounted Police (RCMP), and their survivors.
The lawsuit was filed by a group of representative plaintiffs, including Dennis Manuge, Raymond Toth, Betty Brousse, Brenton MacDonald, Jean-Francois Pelletier, and David White. These plaintiffs argued that Veterans Affairs Canada (VAC) had improperly calculated disability benefits by failing to account for inflation adjustments, which resulted in veterans and their families receiving lower payments than they were entitled to over the past two decades. The class-action suit sought to correct these errors and provide fair compensation to those affected.
Who is Eligible for the Settlement?
The settlement applies to both current and former members of the CAF and RCMP, as well as their spouses and dependents. To qualify, individuals must have received disability pensions, disability awards, or other benefits from Veterans Affairs Canada since January 1, 2003. Additionally, the settlement specifically addresses those whose benefits were affected by the annual inflation adjustment to the basic pension. The settlement period covers the years from January 1, 2003, to December 31, 2023.
How Many People Are Affected?
Over 330,000 individuals are eligible for the settlement, making it one of the largest class-action settlements in Canadian legal history. This includes not only CAF and RCMP veterans but also their spouses and dependents who were impacted by the miscalculation of pension benefits.
Terms of the Settlement
Under the terms of the settlement, each eligible class member will receive a one-time payment. This payment is approximately 2% of the total disability benefits they received from 2003 to 2023. The total amount to be distributed through the settlement is estimated to range between $435 million and $817 million, depending on the number of claims that are validated and processed.
Automatic Payments and Claim Requirements
For those currently receiving disability pensions from Veterans Affairs Canada, the settlement payment will be issued automatically. This means that no further action is required from these individuals to receive their compensation. However, those who are not currently receiving benefits must submit a claim form to be eligible for the settlement.
Claim Submission Deadline and Final Approval Hearing
Eligible class members need to act to ensure they receive their settlement payments. While automatic payments will be sent to those already receiving disability pensions, individuals who are not currently on the benefits roster must submit their claim forms by March 19, 2025.
The Federal Court held the final approval hearing for the settlement on December 18, 2023. The court reviewed the settlement terms to confirm that they were fair and adequately addressed the needs of all class members.
How to File the VA Disability Pension Claim Submission Form
If you are not currently receiving disability benefits but believe you are eligible for the settlement, here is a step-by-step guide on how to file your claim:
- Visit the Veterans Affairs Canada website: Access the official site where the claim form is available.
- Complete the claim form: Provide all necessary personal and service details, along with documentation supporting your eligibility. This could include benefit statements, pension documents, and any other relevant paperwork.
- Review the instructions: Make sure you fully understand the guidelines for completing the claim form.
- Fill out the form accurately: Ensure all required fields are filled out correctly.
- Submit documentation: Attach clear and legible copies of the requested documents.
- Double-check your form: Before submission, review your form to make sure it is complete and accurate.
- Submit the form: After submitting the claim, you will receive a confirmation that your submission has been received.
- Wait for processing: Your claim will be reviewed to verify eligibility and calculate the compensation owed to you. Be patient, as processing may take some time due to the high volume of claims.
- Receive your payment: Once your claim is processed and approved, you will receive your settlement payment.
The settlement offers much-needed relief to thousands of veterans and their families who have been impacted by the miscalculation of their disability pension benefits. It is important to stay informed about the deadlines and procedures to ensure that all eligible individuals can receive their rightful compensation.
