Notice of Certification Re: Jost v. Her Majesty the Queen
May 6, 2021 – Ottawa – National Defence / Canadian Armed Forces
The Federal Court has certified a class proceeding involving delayed payment of certain Canadian Forces Superannuation Act pension benefits between 2007 and 2017. If you served in the Canadian Armed Forces (CAF), with at least some of that service in the Reserve Force, and released from the CAF between 2007 and 2017, you may be a member of the Class. If the class proceeding succeeds at trial, or is settled, you may be entitled to a payment.
What is the class action about?
The class proceeding seeks damages for delay in paying pension benefits to some CAF members who served in the Reserve Force – regardless of whether they were members of the Reserve Force Pension Plan or the Regular Force Pension Plan.
Who are the Class members?
The Federal Court has defined the Class as all individuals who:
- served in the Canadian Armed Forces – Reserve Force;
- released from the Canadian Armed Forces between March 1, 2007 and October 31, 2017;
- were entitled to receive an Immediate Annuity, Transfer Value, Annual Allowance and/or Bridge Benefit under the Regular Force Pension Plan or the Reserve Force Pension Plan; and
- did not receive payment of the Immediate Annuity, Transfer Value, Annual Allowance and/or Bridge Benefit for more than 60 days from the date of release.
The CAF member who acts as representative plaintiff on behalf of the Class is Douglas Jost.
What do I need to do to take part?
All class members have the right to participate in the class proceeding. You are automatically included in the proceeding and bound by the results unless you opt-out. If you do not opt-out, you will be eligible to receive a payment from a settlement or judgment in favour of the Class. You do not need to do anything if you wish to participate.
If you wish to opt-out, you must sign and deliver an Opt-Out Coupon available from the lawyers listed below. If you wish to opt-out, you must send a signed Opt-Out Coupon to the lawyers listed below by no later than August 14, 2021. If you opt-out, you will not be eligible to receive any payment from a settlement or judgment in favour of the Class.
Who are the lawyers for the Class?
The lawyers for the Class (“Class Counsel”) are Koskie Minsky LLP (Toronto). You can obtain more information about the class proceeding at the website created by Class Counsel.
Do I need to pay anything?
You do not need to pay any legal fees. If the case is unsuccessful, there will be no legal fees. If the case succeeds, whether at trial or by settlement, the Federal Court must approve Class Counsel’s fees and any settlement of the class proceeding.
Department of National Defence
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