# 2021-143 Pay and Benefits, Leave Travel Assistance, Negligent misrepresentation

Case summary

F&R Date: 2021-07-29

The grievor challenged the denial of his Leave Travel Assistance (LTA) for his spouse to visit him while away on a course. The grievor argued that course staff informed students that they would be entitled to make an LTA claim to visit next of kin and he acted accordingly on this information. 

The Initial Authority (IA) found that the grievor did not satisfy all of the requirements for the LTA benefit in Compensation and Benefit Instructions (CBI) 209.50(3). The IA stated that the course only ran for 54 days, rather than the continuous 60 days requirement for the LTA benefit. The IA did not afford redress. 

The Committee found that had the grievor travelled for a total of six days to and from the course location for service reasons, the grievor might have been entitled to the LTA benefit in CBI 209.50(3). 

Without this, the Committee found that he was not absent from his place of duty for 60 continuous days and would not meet the conditions in CBI 209.50(3). In this case, the Committee also found that the grievor reasonably relied, to his detriment, on the negligent misrepresentations made by the Canadian Armed Forces regarding the LTA benefit. 

The Committee recommended that, should evidence be produced showing that the grievor travelled for service reasons for at least six days to and from the course, the grievor be reimbursed for his LTA claim. 

On the other hand, if the 60 consecutive day requirement is not met, the Committee recommended that the Final Authority afford the grievor redress by referring the grievor's file to the Director Claims and Civil Litigation for consideration as a claim against the Crown. 

FA decision summary

The Final Authority, Director Canadian Forces Grievance Authority, obtained the grievor's leave passes for the periods of travel to and from the course and determined that he had been absent from his place of duty for 69 continuous days. She granted the grievance and directed that a Leave Travel Assistance (LTA) claim be initiated and LTA paid to him.