Federal Court rules in favour of injured veteran's class-action lawsuit
Thousands of injured veterans could be in line for payments from the federal government after a Federal Court ruling.
It found in favour of a former special-forces soldier whose class-action lawsuit alleged he was shortchanged on his long-term disability payments.
Retired warrant officer Simon Logan was medically discharged from the Canadian Armed Forces in February 2016, and expected to begin receiving monthly payments equalling 75 per cent of his pre-release salary of 10 thousand, 665 hundred dollars.
Yet the disability payments only accounted for his base pay as a warrant officer and did not include nearly four thousand in monthly allowances he had received while in the Forces.
The omission of those allowances represented a difference of nearly three thousand dollars a month in Logan's disability payments.
Logan's lawyers had argued in Federal Court that the allowances should have been included because they reflect the special skills and hazards that he faced while serving.
Government lawyers said the allowances should not have been included because Logan stopped being a special-forces soldier when he retired.
But in his ruling, Federal Court Justice Richard Southcott said monthly allowances should count in the calculation for long-term disability.