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SISIP Clawback


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Author Topic: SISIP Clawback  (Read 1880 times)
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« on: April 18, 2009, 10:57:08 am »

Dennis, God bless him, is the point man for the class action suit.



November 25, 2008

Disabled Veterans, our families, and our friends…
My name is Dennis Manuge. I am a disabled veteran of the Canadian Forces and also the representative plaintiff in a class action legal case against the government of Canada.

This action is taking place in the federal court of Canada. “Manuge vs. Her Majesty the Queen,” is on behalf of over 6200 other disabled Veterans and 100 estates. Our goal is to
end the illegal claw back of Veterans Affairs Canada disability pensions by SISIP/Manulife and the federal government. SISIP/Manulife are the administers of the long term disability (LTD) plan for the Canadian Forces.

An individual is included, automatically, in this class action, but you must meet the definition of the class; All former members of the Canadian Forces whose long term disability benefits under the
SISIP policy number 901102 were reduced by the amount of their VAC disability benefits received pursuant to the Pension Act from April 17, 1985 to date.

Our action was filed in federal court on March 15, 2007. The certification hearing was on March 12 & 13th, 2008. On May 20, 2008 our action was certified by the Federal Court of
Canada allowing us to proceed with our legal action with the protection of the court. Currently we are waiting for the federal court of appeal to hear the Crown’s appeal on our
case being certified.

The government, with their appeal, is saying that I, alone, should
have to take this issue before the courts and win, before any collective action can be taken. This appeal will be heard in Toronto on December 16, 2008.

Timeline:
The timeline for this case has been estimated to range from two-ten years. There are many variables and the Crown will attempt to stall the case at every opportunity. Please
keep in mind that the federal court judge assigned to the case acts as a case manager to increase efficiency and keep the case moving forward. Justice Robert Barnes has been doing just that. It takes time.

Representing me (us) are Mr. Peter Driscoll from McInnis Cooper in Halifax and Mr. Ward Branch from Branch McMaster in Vancouver. They only get paid if the action is successful and the worse case scenario for each of us; it will cost us 30% of what each of
us are owed by the feds. Seventy percent of something is better than zero percent of nothing. Best case scenario is that the crown will be ordered by the federal court to pay for our legal costs in any settlement or judgment.
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We are well represented by Mr. Driscoll & Mr. Branch. We are fortunate to have them in our corner and the circumstances around their involvement in this case came about due to some hard work by one of our peers and a little bit of luck. I am not the only piece of this case. My name happens to be on the court documents. It could have been any one of us.
There is much that goes on that many do not get to see or hear about.

What to expect if we win:
We are seeking to include damages in this case, but that is the toughest argument to make. If we are successful and win damages that is good for us all, but there is no way to know what amounts each of us would get on top of what is owed to us, with interest,
from our clawed back VAC disability pensions. In the very least you can expect to get 70% of what was taken from you, but more likely you will get 100% of that amount plus interest. Anything else would be speculation at this time.

I encourage all of you to read our web site at McInnis Cooper:
http://www.mcinnescooper.com/index.cfm?cm=SubSection&ce=details&primaryKey=21
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There is information available on this site for those class members who wish to opt out of the action. There are also links on the home web pages of VAC and SISIP.


Sincerely
Dennis Manuge
Representative Plaintiff, Manuge Vs Her Majesty the Queen
32 Isaac's place RR#2
Site 10A, Box 0
Head of Chezzetcook, NS B0J1N0
Home: (902) 827-4807
Cell : 499-0656
dmanuge@eastlink.ca
dennis.manuge@mobility.blackberry.net
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1977-1RCR  Italy PL, B Coy, Mortars
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                   CFB London

1979-3RCR  M Coy 12C,  Sigs, Pipes&Drums
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2008            President. Niagara Branch
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