Home Equity Assistance

100% Home Equity Assistance in CFIRP

Posts Tagged ‘canadian forces integrated relocation

When minions speak –

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For 5 years, Treasury Board Secretariat has relied on the fallacy that military members do not speak out. That was a bad call.

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Canadian Armed Forces are trained to do the right thing, never pass a fault, and to stand up for those who cannot. That is what a five year battle has become for countless military families.

Personally, the fight has cost me all, and there are no assurances that I will be successful, however I have had an impact. No more to troops have to suffer, applications are now being forwarded to TBS (without the need for a grievance), the word is out that this branch of our own government cannot count on the silence of the troops and Treasury Board Secretariat has been exposed of having a blanket policy denying 100% of the applications which were supposed to help military families when relocating from depressed markets.

In January, I take the Crown to federal court again. The last appearance, we won. Hands down, caught the TBS cheating and yet, they did not pay. Now, we have a new hired gun. Take a moment and look at our side of the story in our Argument, and share your opinion. Should any “public servant”, employee, military member have to fight this hard for their entitlements, or to protect their family?  Should any one have to re-fight in court to have it settled?

On January 19th, follow me once more down the rabbit hole and stare into the faces of our Government who decry…

“we do not owe our soldiers a duty of care”

in an attempt of getting out of following their own reimbursement policy.

As this SECOND judicial review is expected to cost $20,000 out of pocket, we are requesting donations at http://www.gofundme.com/2j18gw

Sign up at www.healoss.wordpress.com for updates.

Accountability starts at the top.

ATIP # a201200942 now available online

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Home Equity Assistance ATIP response is now online at https://healoss.files.wordpress.com/2015/11/a201200942.pdf for your reading pleasure. It is very interesting to have a look behind the curtain to see how our administration is (mis)managed.

Highlights include:

recommendation to apply a “Blanket policy” by DND; and

Briefing note to the Chief of Defence Staff minimizing the HEA issue by stating it only affects 1% of the troops.

Now that’s looking after the troops!

TBS formula misused on all Home Equity Assistance Cases

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ATIP shows that all of the 2009-2012 Home Equity Assistance applications for military families were assessed incorrectly. Every application shows the decrease in individual home loss was used in stead of the community real estate decline. Resulting in hundreds of military families not being able to access their entitled relocation benefits, some over $100,000!  https://healoss.files.wordpress.com/2015/09/a201200958_2013-12-19_14-06-14.pdf 

Written by Major Marcus Brauer

September 23, 2015 at 17:56

Continued denial of entitlements by Treasury Board Secretariat

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We are having another go at the Federal Government who continues to deny Home Equity Assistance to the majority of those entitled.

We are filing in Federal Court again tomorrow (14 Sept 2015), in a follow on court case from our last victory.  The current status is that we won in Federal Court, TBS was ordered to review the file and they screwed it up, maipulated the data and caused further delay.

That being said, I wanted to provide an update to the several hundred affected CAF members and thousands of supporters.

Wish us luck!

Marcus Brauer

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Written by Major Marcus Brauer

September 13, 2015 at 17:56

Military Families remain in limbo over relocation entitlements (5 years and counting)

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

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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

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.

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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.

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