This came out also...
I'd willingly give it to the Vets than to a bunch of Liberal cronies that do nothing but suck the lifeblood out of our country....I'll bet this willl throw a scut in to Goodales budget...Not as much money to give to their buddies...
I like the term "Forthwith".....
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Ontario Superior Court Justice Awards Disabled Veterans $4.6 B
Federal Government Ordered To Deposit Funds "Forthwith" in Specially
Designated Trust Account
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WINDSOR, ON, Dec. 30 /CNW/ - Ontario Superior Court Justice John H.
Brockenshire has rendered a decision awarding thousands of disabled veterans,
engaged in a class action lawsuit against the federal government, $4.6 B in
damages.
The decision quantifies the damages owing by the federal government to
thousands of disabled veterans who, since their class action lawsuit was
certified in 1999, have been seeking redress from the federal government for
years of failure to properly administer their funds. These were veterans who
were injured in the service of their country and were deemed, by the
government, incapable of managing their money as a result of their disability.
Veterans in the Class include those from the First World War onwards.
Justice Brockenshire's decision deals with the quantification of the
aggregate damages on the basis of earnings, over 85 years, on the principle
amount held by the federal government for the Class members - if the monies
had been properly invested.
The Auditor General of Canada noted in 1986 that the government had
failed in its duty to manage these funds, and in subsequent court appearances
the government acknowledged its role as a trustee.
Key findings in the decision include:
- "If the Government had addressed this problem in 1985 when the
Auditor General's report made it plain and obvious that the earlier
suspicions of the higher echelons of the bureaucracy were correct and
that the Government was in breach of its obligations, the number
(the Government's liability) would have been in the neighborhood of
$66 Million."
- "At the same time while the veterans were out their money the
Government had at least the opportunity to have invested it. Even if
they invested it in a conservative portfolio...they would
have...earned over $2 B."
- "The general political comments about not wanting to see pension
money going to distant relatives and strangers was put forward as a
policy reason for imposing a lapsing provision...I conclude that
these same considerations even if proven to have been government
policy would not effect the obligation that the Government took as a
trustee without limitations, to manage what was, as long as the
veteran was alive, the veteran's property."
- "The granting of an aggregate damage award would serve to crystallize
the extent of the wrong done by the government over a period of 85
years to veterans that had been rendered helpless and incompetent, on
the Crown's own finding, while serving their country in its armed
forces."
In commenting on the decision the veterans' lawyers said: "This is truly
a significant judgment. For over eighty years, thousands of Canadian veterans
had no voice. Their own federal government had access to their personal funds,
failed to invest them, and failed in their duty as a trustee by not paying
them any return on their funds. Forced to sue their own government, these
veterans now know what they are owed. This decision is a call for leadership,
and a call to action to address this historical wrong."
"The timing of this judgment - during a federal election - provides
Canadians with the opportunity to ask their candidates for political office,
their political leaders, how they intend to address this vital national issue.
Not only is this an important issue of considerable financial significance,
but a moral one as well. We pride ourselves as being a nation that looks after
its most vulnerable citizens as part of our national culture and way of life.
Successive governments have failed these veterans, this government and indeed
our federal representatives elected post-January 23rd should be held to
account for their response to this judgment," they added.
The members of the veterans' legal team are: Raymond Colautti and David
Greenaway, Partners, Raphael Partners Barristers and Solicitors (Windsor,
Ontario) and Peter Sengbusch (London, Ontario).
To view Backgrounder please see:
http://www.newswire.ca/en/releases/a.../30/c4228.html
For further information: David Greenaway, Lawyer, Raphael Partners
(Windsor, Ontario), (519) 966-1300 Ext. 422; Raphael Partners Public
Relations, (519) 966-1300 Ext. 560