# 2025-050 Pay and Benefits, Leave Travel Assistance, Negligent Misrepresentation

Case summary

F&R Date: 2025-12-08

The grievor disputed the decision to deny his Leave Travel Assistance (LTA) claim and recover funds previously advanced to him for a family trip. He argued that he relied on the information provided by the Canadian Armed Forces (CAF) subject matter experts and would not have proceeded on the trip if he had not been provided an advance based on his submitted LTA application.

The Director General Compensation and Benefits, as the Initial Authority (IA), denied the grievance. The IA determined that the grievor was not entitled to LTA as he did not meet the required criteria listed in Compensation and Benefits Instructions for the Canadian Forces (CBI) paragraph 209.50(3).

The Committee found that the grievor was living with his spouse, who was his dependant, and he was not in receipt of Separation Expense, nor was he absent from his place of duty, for service reasons, for a minimum of 60 continuous days. Accordingly, the grievor did not meet the criteria for entitlement to LTA as set out in CBI paragraph 209.50(3) and was not eligible for the benefit. Nonetheless, the Committee found that the CAF was negligent in their initial verification of the grievor's application for LTA and subsequent payment of an advance. As such, the Committee found that the grievor had been aggrieved as he had relied on the CAF's negligent representations to his detriment.

The Committee recommended the Final Authority afford the grievor redress by referring his file to the Director of Claims and Civil Litigation for consideration of an offer of settlement.