- Reaction score
- 12
- Points
- 130
PP05
Excellent, great to hear.
AB
Excellent, great to hear.
AB
kratz said:I'm glad you are choosing to use your "windfall" posting allowance for an investment or mortgage opportunity.
This allowance is not intended for the use you chose to use it for. The posting allowance is to cover expenses experienced not covered by standard IRP policy.
http://www.ctvnews.ca/politics/feds-try-to-quash-class-action-lawsuit-by-veterans-who-lost-money-when-they-moved-1.2363838Feds try to quash class action lawsuit by veterans who lost money when they moved
Alison Auld, The Canadian Press
CTV News
07 May 2015
The federal government has filed a motion to strike down a proposed class action lawsuit by a 33-year veteran of the Armed Forces who lost $72,000 on the sale of his house when he was posted to another base.
Documents filed in Federal Court indicate the Justice Department wants the matter thrown out before it is certified, arguing it is destined to fail, amounts to a criticism of government policy and is better suited to a judicial review.
"It challenges an economic policy decision of government to limit the amount of reimbursement paid to members who sell their private homes at a loss," states the 24-page memorandum filed last month.
"Such a policy decision cannot ground a lawsuit....
"The claim has no reasonable prospect of success and should be struck."
A hearing date has not been set for the matter.
The original suit was filed in September 2014 by master warrant officer Neil Dodsworth, who took a loss on the sale of his home near Edmonton when he was posted to Kingston, Ont., in 2009.
A member can receive 100 per cent compensation of their loss through the home-equity assistance program if they sell their home in a housing market that is deemed by the Treasury Board to be depressed.
But the board disputes what is constitutes a depressed market in Canada. Dodsworth says it also lumps smaller communities into larger centres, like Edmonton, where the housing market is not considered to be depressed.
Dodsworth filed for compensation for the entire amount that he lost, but was told he would only receive $15,000 since his home in Morinville, about 35 kilometres outside Edmonton, was not in a depressed market.
The policy states that a depressed market is one that has seen real estate values drop by 20 per cent or more. Dodsworth argued that the value of his home went down 29 per cent over two years.
He says in the statement that he lost all the equity in his home, took out a $21,000 bank loan to cover part of his mortgage and volunteered for a seven-month tour in Afghanistan to earn more money.
Heather Domereckyj, a spokeswoman for the Treasury Board, said in an email that she could not comment since the matter is before the courts.
Dan Wallace, Dodsworth's lawyer, said his client was dismayed with the motion to dismiss the case.
"He's disappointed," Wallace said Thursday. "I told him when we started that this could be expected. He knew this was going to take a long time."
The case is similar to another one involving Maj. Marcus Brauer, who received $15,000 for a $88,000 loss he took on the sale of his house in Alberta.
Brauer launched a judicial review, which led a Federal Court judge to order the Treasury Board to review its decision.
http://www.ctvnews.ca/canada/military-member-loses-bid-to-recover-losses-linked-to-sale-of-home-1.2365808Military member loses bid to recover losses linked to sale of home
Alison Auld, The Canadian Press
CTV News
08 May 2015
HALIFAX -- The Treasury Board has rejected the latest effort by a 24-year veteran of the Canadian military who has fought for years to recover $88,000 he lost on the sale of his home when he was ordered to relocate to another base.
Maj. Marcus Brauer said Friday that the board has reviewed his housing claims and found the market in Alberta where he was living was not depressed at the time, effectively quashing his appeal for full compensation of his loss.
The letter from an official says the board determined Bon Accord was not a depressed housing market in 2010 when Brauer sold his home to relocate to Halifax. As a result, it says Brauer is not entitled to more than the $15,000 he received for the loss.
"It just demonstrates how unjust this system is," Brauer said.
"I'm not about to let this go. There has to be some accountability in this government. ... This is not justifiable."
Brauer, a father of five, said he plans to sue the federal government over what he says is a responsibility to follow its own policies and compensate members who suffer losses.
Heather Domereckyj, a spokeswoman for the board, says in an email that the second review of the Bon Accord market "was conducted in an independent, impartial manner by the department and relied on the advice of third-party experts in its conclusion."
New Democrat MP Robert Chisholm, who represents the Halifax-area riding where Brauer lives, said he is disappointed with the decision.
"I can't believe the lengths the government will go to to fight against and frustrate and work against Canadian Forces men and women," he said.
"This has not only financial implications, but also emotional and career ramifications for Marcus."
This latest decision comes almost a year after a Federal Court judge in Halifax ordered the Treasury Board to review its initial decision in 2012 not to grant Brauer full compensation for the loss.
Judge Richard Mosley quashed the Treasury Board's decision and sent the case back to the board for review. He also awarded Brauer his legal costs.
Mosley said in his ruling that the board's decision was "unreasonable" and "not justified."
Brauer's lawyer Daniel Wallace argued that housing prices in Bon Accord dropped 23 per cent over the three years he lived there, which is three percentage points above the 20 per cent threshold for a depressed market in the military's policy.
He also said Bon Accord, which has its own mayor and boundaries, should not be lumped in with Edmonton. The board disagreed, arguing the municipality was part of the Edmonton market where housing prices had dropped just 2.9 per cent.
Ottawa spent almost $65,000 fighting the case, including $25,376 on Brauer's legal fees and disbursements, $33,270 for the federal government's legal fees and almost $6,000 for a third party review of the housing market.
Another Canadian Forces member has launched a proposed class-action lawsuit against the federal government to fight for compensation for housing losses.
Neil Dodsworth, the plaintiff, lost $72,000 on the sale of his house Edmonton when he was posted to Kingston, Ont., in 2009. Ottawa has filed a motion to strike down the matter.
SF2 said:500 bucks for a 3 bedroom? Do tell....
RADOPSIGOPACISSOP said:I honestly thing the CF would solve a lot of it's own personnel problems if it incorporated some personal financial management courses in the recruit training. HighSchools aren't doing it, so they show up at our door with no idea how to handle money and then we push what they think is a big wad of cash at them. It's a recipe for disaster. I think I've seen more financial problems from people a year off tour then someone who never went. A lot of it stems from soldiers not getting any more info on personal finance than what they hear from peers in just as dire straights as they are.
/end rant
Ostrozac said:A quick google shows that my old 3-Bedroom Q in Gagetown is still right around $500. It was a good deal then, it's a good deal now.
http://www.cfha-alfc.forces.gc.ca/hl-el/gagetowngi-gagetownig-eng.aspx
Three (3) Bedrooms
Shelter Charge Sq. Ft. No. of Units Type No. of Storeys No. of Bathrms Click Style for Details and Photos
$467 - $538 948 - 1074 387 Row 2 1 M/131
RADOPSIGOPACISSOP said:Fact.
RADOPSIGOPACISSOP said:Fact.