FAQs

A class proceeding (also commonly referred to as a “class action”) is a type of lawsuit where a group of people who have been subjected to the same, or similar, legal wrongs are represented collectively by one or more member of the class, who act as the voice for the group as a whole and who instructs the lawyers for the action on behalf of the whole class.

A proposed class action is not a class proceeding until the court determines that the case meets the requisite legislative test and certified as a class proceeding.

Class actions have three main goals: access to justice, behaviour modification, and judicial economy. A class action makes the legal process simpler and more manageable for each class member seeking to make a claim. It often does not make economic sense for each member of an affected class to sue the defendant individually, because the money being sought is less than the legal costs it would take to prosecute the lawsuit. A class action functions as an affordable procedural vehicle for the victims of mass wrongs.

Pursuant to the Veterans Health Care Regulations, Veterans Affairs Canada (VAC) provides facility-based long-term care for eligible veterans of the Canadian Armed Forces, war-service civilians, and others. Veterans in long-term care must contribute to the cost of their accommodation and meals up to a maximum monthly amount – referred to as A&M Charges. Under the regulations, the maximum monthly A&M charges cannot be higher than the lowest monthly user charge permitted by any province or territory.

This proposed class action alleges that since at least 1 October 1998, VAC has miscalculated annual adjustments to A&M Charges by failing to apply the lowest monthly user charge permitted by the territories – specifically, the Northwest Territories. This error has resulted in proposed class members paying substantially more for the cost of their long-term care than prescribed by law. This proposed class proceeding asserts that VAC (i.e., His Majesty the King) is liable to the proposed class for, among other things, damages equal to the over-charges, plus interest.

The Veterans Health Care Regulations require veterans in long-term care under the regulations, unless exempted, to contribute to the cost of their accommodation and meals up to a monthly maximum amount – referred to as A&M Charges. Veterans Affairs Canada (VAC) is responsible for administering A&M Charges.

The regulations provide that VAC must adjust the A&M Charges annually and that they cannot be higher than “the lowest monthly user charge for accommodation and meals permitted by a province”.

This proposed class action alleges:

1. Since at least 1 October 1998, VAC has miscalculated the annual adjustments to A&M Charges by failing to apply “the lowest monthly user charge for accommodation and meals permitted by a province”.

2. Section 35 of the Interpretation Act defines “province” in every federal enactment (which would include the Veterans Health Care Regulations) to include territories, including the Northwest Territories (NWT).

3. At all relevant times, the NWT charged lower monthly user charges for accommodation and meals than other provinces.

4. The failure of VAC to apply the NWT rate to A&M Charges resulted in veterans in long-term care paying higher A&M Charges than permitted under the regulations.

5. VAC’s miscalculation has resulted in proposed class members being required to overpay for the cost of accommodation and meals in long-term care since at least 1 October 1998.

6. As a result, VAC (i.e., His Majesty the King) is liable to the proposed class members for, among other things, damages plus interest to compensate for the over-charges.

All individuals, including veterans of the Canadian Armed Forces, war-service civilians or pensioners, and their survivors, including eligible estates of all such persons, who received benefits for long-term care under the Veterans Health Care Regulations and paid, at any time since at least 1 October 1998, accommodation and meals charges can participate in this proposed class action.

If the proposed class proceeding is certified and succeeds at trial, or is settled, class members may be entitled to a payment.

If you are a member of the class, you don’t need to do anything to be included in the action. All class members have the right to participate in the class proceeding.

If you think you may be a class member and want to receive updates on the progress of the proposed class action and copies of legal notices, please register by completing the online registration form.

You can get more information about the action or class membership by emailing class counsel at [email protected].

The lawyers for the class (“class counsel”) are:

• Gowling WLG (Canada) LLP (Toronto);
• Michel Drapeau Law Office (Ottawa);
• McInnes Cooper (Halifax)
• Koskie Minsky LLP (Toronto);
• and
• Murphy Battista LLP (Vancouver and Kelowna)

You do not, at this time, need to pay any legal fees to class counsel for their work done in litigating the action. If the claim is successful – whether through contested litigation or settlement – counsel will ask the Court to approve payment for legal fees. Those fees would be paid out of the proceeds of damages awarded to the class or out of the proceeds of class members’ settlement claim amounts awarded to them.

If you are a class member and the class action is certified and resolved in favour of the class, either through contested litigation or a negotiated settlement, you may be eligible to receive a payment.

Certified class actions that are litigated proceed to a common issues trial where the court will render judgement on the common questions of law and fact. If some or all of these common questions are resolved in favour of the class, it may be necessary for individual issues to then be determined through a court-ordered process.

Class actions can also be resolved through a negotiated settlement.

A settlement of a class action must be approved by the Court, which determines whether the proposed settlement is fair, reasonable, and in the best interests of class members.