Home Equity Assistance

100% Home Equity Assistance in CFIRP

Archive for the ‘Correspondence’ Category

2009 Briefing Note on HEA

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This info just recieved through Access to Information. The BN (2009) identifies the costs of home loss to DND, the impact on families and implications. Make your own judgement, however coupling this (https://healoss.files.wordpress.com/2015/11/2009-cfirp-briefing-note.pdf) brifing note with the 2011 briefing note (https://healoss.files.wordpress.com/2015/11/bn-on-hea.pdf)…well, I don’t think I need to say it, but we’ve been had by our own org.

This is shameful, but at least I know the origins and the blockers.

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Written by Major Marcus Brauer

November 22, 2015 at 21:36

TBS decision based on erroneous report and “manipulated” data

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13 May 2015 House of Commons

Mr. Robert Chisholm (Dartmouth—Cole Harbour, NDP):

“Mr. Speaker, last week Major Marcus Brauer was informed that his claim for home equity assistance benefits has been rejected. It is devastating news to Major Brauer and his family.

This Canadian Forces member lost $88,000 on the sale of his home when he was ordered to relocate. The Conservatives have spent almost as much money fighting with Major Brauer as it would have cost to simply honour the commitment.

Why do the men and women in uniform in our country have to fight the government tooth and nail for the benefits they deserve?”

Hon. Tony Clement (President of the Treasury Board, CPC):

“Mr. Speaker, what I can tell the House is that in compliance with the Federal Court’s May 2014 order, there was an independent, impartial review that was conducted. Of course we relied on the advice of that independent third party expert in the conclusion that in fact the market was not depressed”.

00_3Tony-Clement-committee-4457

Find the link below, some of the issues in the “independent third party expert”. These issues were not addressed. The Treasury Board figures that

Ltr. to G. Hector – 12-Dec-14

You make the call.

Canada supports our troops…but won’t pay them

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A member of the Canadian military has lost his bid to recover thousands of dollars when he sold his home at a significant loss after being posted to another base.

Maj. Marcus Brauer says he was told by a branch of the military Thursday that the Treasury Board had reviewed his housing claims and found the market in Alberta was not depressed at the time.

dc_red_tape02

The letter from the Director Compensation and Benefits Administration says the board determined Bon Accord was not a depressed housing market in 2010 when Brauer sold his home at a loss of $88,000.

As a result, it says Brauer is not entitled to more than the $15,000 he received for the loss.

The decision comes almost a year after a Federal Court judge ordered the Treasury Board to review its initial decision in 2012 not to grant him full compensation for the loss.

Brauer argued that housing prices dropped 23 per cent over three years and that his home 40 kilometres outside Edmonton was in an depressed market.

The dispute centres on provisions in the home-equity assistance program for military members that awards a percentage of a loss based on whether a home is in a depressed market.

http://www.cbc.ca/news/canada/nova-scotia/canadian-military-member-loses-bid-to-recover-losses-linked-to-home-sale-1.3067036

The Canadian Press Posted: May 08, 2015 4:02 PM AT Last Updated: May 08, 2015 4:07 PM

Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy

Brauer v. Canada (Attorney General), 2014 FC 488 (CanLII)

On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating Canadian Forces members who lose money on the sale of a house due to a posting was unreasonable.

McInnes Cooper’s Dan Wallace represented Canadian Forces Major Marcus Brauer in the first Canadian court challenge of the Treasury Board’s interpretation of this policy. Major Brauer lost $88,000 when he was reposted and forced to sell his home in Bon Accord, Alberta (40 km north of Edmonton). The policy says the Secretariat will reimburse members who sell their home at a loss for 100% of the loss – if the Secretariat decides the “community” is in a “depressed market”.

For two years, Major Brauer pursued full reimbursement of his loss through the Canadian Forces and Treasury Board’s internal processes on the basis Bon Accord is a community in a “depressed” housing market. However, the Secretariat maintained that Major Brauer’s community was the entire Edmonton Metropolitan Area – not Bon Accord – which was not “depressed”, so he was not entitled to full reimbursement for his loss under the policy. Major Brauer’s only recourse was to ask the Federal Court to review the Board’s decision, find it unreasonable, and order it to reconsider it. The Federal Court did just that:

Reasonableness. For the first time, a Court decided that the Treasury Board’s decisions interpreting this policy must be reviewed on a standard of reasonableness (as opposed to correctness).

Unreasonable Interpretation. The Court decided the Treasury Board’s interpretation of the word “community” for the purpose of deciding whether the market was “depressed” would render the policy virtually meaningless – and was unreasonable.

Reconsideration. The Court did not have the power to apply the policy, so did what it could: ordered the Treasury Board Secretariat to reconsider Major Brauer’s request – but also that the “community” is Bon Accord.

Legal Costs. In a rare move, the Court also ordered the Federal Government to reimburse Major Bauer for 100% of his legal costs – a higher scale than that which courts normally order.

Canadian Human Rights Complaint-Major Brauer and the Systematic Denial of Relocation Entitlements

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Good evening all:

As it has been 4 years and 8 months since we were unfairly denied our Home Equity Assistance entitlements, it is time to get some closure. Tomorrow, I will be submitting my observations to the Human Rights Committee as a complaint. It is hoped that this external review will not be dismissed as were my “disclosure of wrongdoing” or “claim against the Crown”. Both of these were dismissed without investigation. The department of justice lawyer (a Major in the CAF) went so far as to state that this was a political, not a legal issue.

As my family continues to carry the debt and its horrible effects – it has cost us more than we could have imagined. I still have an opportunity to make things right for my family and for those who serve, but not without resolving this grievance. By communicating my Human Rights complaint, hopefully some of the effects of coming forward will be resolved and we can get on with the mission, and the family.

Wish me luck and please share.

Death_By_Bureaucracy_by_Vicotnic

SYSTEMIC DELAY OF MILITARY ENTITLEMENTS ABOUT TO ENTER 5th YEAR!

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What does a family need to do in order to get a fair shake with this government? Soldiers are not second class citizens.

 

MinisterClementReMarcusBrauerJan2015

 

Please take a minute to read the attached and tweet to the President of the Treasury Board for his attention (I’ve been blocked for some reason).  Lets not waste any more taxpayer’s money fighting our own forces:  @TonyclementCPC

 

Relocated Military Families remain without compensation after Federal Court win

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Attorney General

Tomorrow the Auditor General will be releasing their report on relocation of Canadian Forces Families. Our 4 1/2 year fight took us to the Federal Court of Canada. Our family was unfairly denied $73,000 in relocation entitlements. The government was taken to court and we won our case in Federal Court against the Attorney General (Peter MacKay). It was not the first time he was engaged on the file. Since he was the Minister of National Defence, Mr MacKay provided no assistance to our family, but rather the opposite. Now he is faced with a class action lawsuit from other CAF families.

http://www.cbc.ca/news/politics/military-ombudsman-says-more-mental-health-staff-needed-1.1234067

https://healoss.files.wordpress.com/2013/07/clement-hea-letter-june-20130001.pdf

http://o.canada.com/news/national/defence-minister-peter-mackay-defends-efforts-to-compensate-military-families-for-financial-losses

As stated by the Hon Robert Chisholm, when will the government do right by the Brauer family? https://www.youtube.com/watch?v=ere8av_20J0

The latest update (24 November 2014) is that the Canadian Forces was (incorrectly) waiting for the CAF Ombudsman to contact the Treasury Board Secretariat for a decision hastener.

Affidavit of Claudia Zovatto (Treasury Board)

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Written by Major Marcus Brauer

January 16, 2014 at 18:27

Posted in Correspondence

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