Canadian soldier wins bid for housing case review
Major Marcus Brauer is seeking $88,000 to cover losses incurred after relocation
A Canadian soldier has won his court bid to get Ottawa to review a decision regarding the sale of his home after the military forced him to move from Alberta in 2010.
Major Marcus Brauer is seeking to cover the $88,000 he lost on the sale and asked for a review of Ottawa's decision to grant him only $15,000 in compensation.
In a written decision Federal Court Judge Richard Mosley quashed the Treasury Board Secretariat's July 2012 decision and sent the case back to the board for review.
He also awarded Brauer his legal costs.
Last month Brauer's lawyer argued his client's losses should have been covered because there is a policy offering financial protection for military members forced to move from depressed housing markets.
However, the Treasury Board Secretariat decided Brauer wasn't living in a depressed market, arguing Bon Accord, Alberta was part of the Edmonton market.
Mosley found that Bon Accord is a separate community and says the board failed to refute Brauer's market evidence as compiled by his realtor.