Home Equity Assistance

100% Home Equity Assistance in CFIRP

Posts Tagged ‘attorney general

Once more, into the fray…with Michele Drapeau Law Office

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fed crt

Once again, after winning in Federal Court, our battle has been extended by Treasury Board Secretariat. We find ourselves having to take TBS back into Federal Court to finalize our claim for Home Equity Assistance. Our family has carried this load for 5 years now, won our grievances and won in federal court, but TBS continues to SPEND YOUR TAX DOLLARS denying our entitlements.

The only way we can get accountability is by voting, and taking them to court.

We are once again asking for financial support to assist with this legal battle, so that the TBS will be held accountable to follow their own policies, instead of getting away with the use of Blanket Denials for hundreds of Canadian Military families. Details available at www.healoss.wordpress.com

Donations may be made at: http://www.gofundme.com/2j18gw

Thank you so much for your continued support in this quest for Government Accountability.

T

https://healoss.files.wordpress.com/2015/06/2015-06-03-brauer-notice-of-application.pdf

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Military Family’s five year battle against Treasury Board preparing for round #2

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In 2010 we were moved by the military and entitled to “home equity assistance”. We lost $88,000 in the sale of our home. The Government has a policy which protects military members due to the amount of moves they must do (often every 2 years). Our shortest posting was 7 months.

We have been fighting for five years, and met success at every step of the way…except for Treasury Board. Each time, they change the assessment criteria, and try to wriggle out of payment using different tactics. Including breaking the law under the access to information act.

In 2014, Justice Mosely found that:

” I find that the TBS decision was unreasonable in the sense that it was not justified and was outside the range of acceptable outcomes defensible in light of the facts and the law.”

The file was sent back to TBS for determination. TBS found someone to do a new report in 2014. That report was provided to a TBS panel who found that there was no entitlement.

Hon Tony Clement – President of the Treasury Board

To date, TBS has used various rationale to deny all 147 of 147 applications (between 2007-2010). These rationale are not written anywhere, nor are they inline with the policy. They are not even consistent between denials. Yes, it is true that the TBS approved two applications for HEA in Temiscaming (2008) and Port Maitland (2010), however 2008 falls under the previous policy. Further, both of these approved applications were done in 2012, at the same time as my application for HEA was working its way through TBS. I have contacted the families who were approved, and neither will speak about their file for fear of having it taken away.

” The TBS interpretation of the term “community” can only be reasonable if it can be established that it does not render the purpose of the CFIRP Directive meaningless by making it inapplicable in all but the most exceptional circumstances. From information provided to the Court by the respondent after the hearing, it appears that TBS has declared only two communities, on one occasion each, to be depressed markets in relation to the CFIRP Directive: Temiskaming, Quebec in 2008 and Port Maitland, Nova Scotia (January 2010-December 2011). The declarations in these two cases contained no finding that the entire housing market had declined by 20% or more. Rather they dealt with the general economic conditions in both communities and the personal circumstances of the individuals concerned. Thus it appears that the standard required in this instance – a decline in the housing market of greater than 20% – was not required in those cases.” Justice Mosely, Federal Court of Canada, 2014.

In my case, TBS denied my application first by declaring that “there are no depressed markets in Canada” without reviewing the files.

I grieved, and the grievance was returned “without action” as the military stated it was not grievable.

I contested this and found to be in the right. I grieved the decision to deny my HEA entitlements, and won at the Chief of Defence Staff level. He could do everything, but pay out.

The CDS directed my file was to be submitted to TBS, with his full support.

TBS denied the application as they indicated that the town of Bon Accord was not a community, and that we were considered Edmonton. I later learned that NO DATA from Bon Accord was used in their assessment. Further, I found that they used a report from 2009 to assess the housing market in 2010!

Yaprak Baltacioglu (secretary of the Treasury Board of Canada)

The military could/did not do anything. They were directed to work with TBS to resolve this “community” definition. They did not. My family was forced to take on TBS to do the military’s job. We did, and won. Bon Accord was now a community and TBS had to re-assess the file. Unfortunately, they decided to have a report crafted for them.  This report, done in 2014 is so flawed, it could not possibly constitute any type of “evidence”. However, the internal TBS board determined that our family was…ineligible. Find below some of the major issues with the TBS “report”:

https://healoss.files.wordpress.com/2015/05/ltr-to-g-hector-12-dec-14.pdf

So now what? Five years down the drain, immeasurable suffering and we are left with starting over with a claim against the Crown or another Judicial Review.

Wouldn’t it be great if the government would start living up to their policies, instead of treating our soldiers like enemies of the state?

Treasury Board Secretariat has misled, mistreated and manipulated for too long. The 6th of June is coming, and with it – a big surprise for TBS (and it is not a gazebo). Its going to be a great show! Time for some payback on behalf of all of those military families robbed of their futures. For all those who assisted with this injustice, you reap what you sow.

It took a single income family of seven many years to save up the equity which is being denied. We are not looking for a free ride. We would like our entitlements, as promised and we would like to see that our fellow soldiers, their families and children do not have to put up with this type of blanket denial by the Treasury Board of Canada.

Please feel free to share this information as you deem suitable.

Marcus Brauer

Government continues to deny soldiers entitlements after 5 year fight

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I have been away from the computer lately, as I have had to change jobs after 26 years. Seems that a few supervisors wanted to peek into my medical records, and they got caught. My first day back at work and I got my posting message. I could not make this stuff up!

The following link provides the current details on the Government of Canada’s latest attempt to delay and deny the relocation entitlements ordered by the Federal Court of Canada.

https://healoss.files.wordpress.com/2015/05/defendant_moving-party_s-memorandum-of-fact-and-law-9-apr-15.pdf

I encourage all military families to have a look at the lengths that the government is going through to deny us entitlements on relocations. $73,000 equity loss, over $250,000 in losses, health, career, QOL etc.

abandoned

Comments welcomed. Assessments of the Government’s motion to strike are also welcomed by the layperson, barrack room lawyer and Barrister alike.

If you think you are affected, you may contact the legal team directly at: HEAClassaction@mcinnescooper.com

Marcus Brauer

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

2014 Auditor General’s Report (Ch 4-Military Relocation)

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Conclusions:

4.70 While the Canadian Armed Forces has taken steps to improve the management of the Integrated Relocation Program (IRP) contract, we concluded that it has not completely fulfilled its responsibilities in managing selected requirements of the 2009 IRP contract in accordance with the relevant authorities and terms and conditions of the contract. We concluded that the Royal Canadian Mounted Police (RCMP) has fulfilled its responsibilities in managing selected requirements of the 2009 IRP contract in accordance with the relevant authorities and terms and conditions of the contract.

4.71 The process that the Canadian Armed Forces has implemented does not provide enough assurance that the payments are in accordance with the contract and the related policies. The Canadian Armed Forces should improve its process to ensure that payments made under the Canadian Forces IRP are appropriate and meet all the requirements of section 34 of the Financial Administration Act.

4.73 A performance measurement plan was developed by the contractor and accepted by government. The Canadian Armed Forces should make better use of the results of its reviews so that benefits are consistently provided to all members in accordance with the policy.

4.74 Because of low response rates, the member satisfaction surveys provide limited information. As a result, neither the Canadian Armed Forces nor the RCMP knows the extent to which members are satisfied with the services provided.”

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.

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