Injured military, RCMP officers win right to sue Ottawa in class action
Last Updated: Friday, June 6, 2008 | 1:58 PM AT
CBC News
Workers hurt on the job while serving in the Canadian military and the RCMP have joined forces in a class action lawsuit against their former employer, who they say wrongly clawed back pension money.
Lawyers, who made the announcement Friday in Halifax, said the federal government owes hundreds of millions of dollars in pension money that it clawed back from their clients.
The class action suit began with one soldier, Dennis Manuge, who sued the government for clawing back pension money after he was awarded a disability allowance.
Manuge was a mechanic who broke his back when he fell off a big vehicle he was working on.
He recently won a court case that allows him to pursue his claim as a class action suit.
Peter Driscoll, one of his lawyers, said that was an important decision in the legal battle.
"The effect of that decision can't be underestimated," Driscoll said. "It changed the litigation from one man versus the government of Canada claiming the return of $10,000, to a claim involving 4,300 disabled veterans for compensation that is estimated to be in the range of $200 to $300 million."
Manuge's legal victory has also spawned the possibility of a whole new round of claims from injured RCMP officers.
Disabled since 1993
"Today we have filed a similar action on behalf of Gerry Buote, a disabled former member of the Royal Canadian Mounted Police. Unfortunately, Gerry can't join us today. He has been totally and permanently disabled since 1993," Driscoll said.
Buote, 50, of Summerside, Prince Edward Island, was injured during a confrontation with a drunk driver.
He began receiving disability benefits in 1997, but said that hundreds of dollars were deducted from each cheque. He estimates he's owed more than $140,000 and believes hundreds of other former Mounties are in the same situation.
While Driscoll said Buote is the first Mountie to make a claim, he expects many others to join in as the fight goes forward.
