# 2024-279 Pay and Benefits, Imposed Restriction, Negligent Misrepresentation, Separation Expense

Case summary

F&R Date: 2025-09-02

The grievor contended that the Canadian Armed Forces (CAF) gave him outdated monthly Separation Expense (SE) Lodging rates for his Imposed Restriction posting, based on an outdated version of Compensation and Benefit Instructions for the Canadian Forces (CBI) 208.997, which influenced his selection of a one-year rental contract with rates that exceeded the amended SE Lodging rates. As redress, he requested that the original rate provided to him by the Orderly Room (OR) staff be honoured for the duration of his lease.

The Director General Compensation and Benefits, acting as Initial Authority (IA), denied the grievance. The IA found that notwithstanding the grievor being provided with the wrong SE lodgings rate, the grievor signed his lease after the new CBI rates were in effect and he was not entitled to the old rates. The IA acknowledged that while the CAF shared some responsibility, the grievor was equally responsible for re-verifying policy to confirm current rates before signing a rental contract.

The Committee found that the grievor was treated in accordance with policy, as he was not entitled to the old higher rates in CBI 208.997 based on the date he signed his lease. However, the Committee found that the grievor reasonably relied, to his detriment, on the outdated SE lodging rates provided by the CAF OR, resulting in him signing a lease for a rate that was not fully reimbursable and suffering financial harm. The Committee found that it was unreasonable to expect the grievor to continually re-verify lodgings rates after being provided the information by the subject matter experts.

The Committee recommended that the Final Authority submit the grievor's file to Director of Claims and Civil Litigation for an offer of compensation.