# 2019-297 Pay and Benefits, Canadian Forces Integrated Relocation Program
Canadian Forces Integrated Relocation Program (CFIRP)
F&R Date: 2021-02-25
The grievor submitted a grievance challenging a refusal to reimburse expenses associated with the sale of his residence, on the grounds that the time limits prescribed in the Canadian Forces Integrated Relocation Program (CFIRP) Directive were not respected. The grievor stated he had been poorly advised by the relocation service supplier, Brookfield Global Relocation Services (BGRS).
The Initial Authority (IA) determined that the grievor was not entitled to the sale benefits because he had sold his house more than one year before the change of strength (COS) date and the date of shipment of the household goods and effects to the new place of duty. The IA denied the grievance on the basis that it is not possible to deviate from the conditions prescribed in the CFIRP Directive.
The Committee concluded that the grievor was not entitled to the sale benefits under the applicable policy. The Committee also concluded that the service provider owed a duty of care to the grievor, who had duly consulted them about the sale benefits. Despite the fact that the one-year time limit had not yet expired, BGRS advised the grievor that he would have to submit an adjudication request in order to benefit from a reimbursement of his sale expenses, even though there were other options that would have enabled the grievor to preserve his entitlement to sale benefits. BGRS should have established a date of shipment of household goods and effects within the prescribed time limits, and the grievor should have had his COS date changed. The Committee concluded that the grievor had been aggrieved in relying on the service provider's instructions and that the latter had failed in its duty of care.
The Committee is of the view that the grievor's file meets the five requirements established by the Supreme Court in Cognos giving rise to damages for negligent misrepresentation.
The Committee recommends that the Final Authority forward the grievor's file to the Director, Claims and Civil Litigation, for review of the possibility of compensating the grievor.
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