Home Equity Assistance & "Military Families Pushed to Financial Ruin" (Merge)

[heavy reader]

Court went extremely well (from my perspective).  The judge asked for ALL previous TBS decision (military AND RCMP). The TBS refused to provide citing that they are "Confidences of the Privy Council". You can read their response at http://healoss.files.wordpress.com/2014/04/29-apr-14-ltr-to-court-from-doj-enc-additional-documentation.pdf. 

We are awaiting a decision from the court at this time. Hopefully the fix will resolve this issue for everyone, and not just those relocating from Bon Accord, Ab.

Fingers crossed.

 

[Tibbson]

It seems the Court has ruled that DND (the govt) must reassess the Najor's case and pay his court costs.  Lets see if anything actually changes in the end though.

    http://www.ctvnews.ca/canada/federal-court-decision-orders-government-to-review-soldier-s-housing-case-1.1837503   

 

[Strike]

It seems the Court has ruled that DND (the govt) must reassess the Najor's case and pay his court costs.  Lets see if anything actually changes in the end though.

    http://www.ctvnews.ca/canada/federal-court-decision-orders-government-to-review-soldier-s-housing-case-1.1837503   

Not DND, but TSB.  Big difference. 

 

[dapaterson]

Not DND, but TSB.  Big difference.

Not the Transportation Safety Board (TSB), but the Treasury Board Secretariat (TBS).  Big difference 

 

[Strike]

Not the Transportation Safety Board (TSB), but the Treasury Board Secretariat (TBS).  Big difference 

AAAAARGH!  I'm going to blame my phone on that one.

 

[heavy reader]

New CANFORGEN released yesterday on CFIRP indicating a "complete review". Hopefully it will improve benefits and not remove them.

 

[24839]

what is the update on this?

 

[Scoobie Newbie]

The decision is under review. It will probably take months

 

[Occam]

what is the update on this?

Update on what, exactly?

 

[heavy reader]

I've been away on taskings for a while. Here is the update: We won in Federal Court.  The entire decision can be found at:http://healoss.files.wordpress.com/2014/05/hea-federal-decision.pdf and is worth the read. Especially the portions highlighted in red.

In a nutshell: Justice Mosley, found that "TBS relied on irrelevant, post-dated and unsubstantiated information." He went on to say that "the the investigative file material and the memorandum is of an after-the-fact justification, not a fair minded evaluation.  A case was made to justify the negative conclusion previously delivered".

The judge found in favour of the military member. 

Currently, TBS has 11 days to appeal the decision. If they did, it would likely cause more embarassment for the TBS than they could handle. We'll have to watch and shoot.

At this time, I am waiting for TBS to declare Bon Accord as a depressed market, as directed in court so that the reimbursement can take place.

Since the decision, there was an interview (CBC the Current) and CAF released CANFORGEN 089/14 CMP 041/14 281403Z MAY 14 - 2014 CANADIAN FORCES INTEGRATED RELOCATION PROGRAM DIRECTIVE AND COMPENSATION AND BENEFITS INSTRUCTION 208 SECTION 8.

We have recieved no financial compensation yet.

 

[TCM621]

Marcus, i am so glad this worked out for you and your family. Thanks for doing the work that will benefit all of us.

Tony

 

[SeaKingTacco]

I too, congratulate him on his win.  However, I would not start celebrating too hard until the money is in his bank account.

 

[GINge!]

First get Bonacord, then hopefully that will set precedent for other regions of Edmonton for that timeframe that were also hit. It's been a long haul for you MB!

 

[heavy reader]

It is official.

As of 231530(L) 14, we have won the case against TBS and the 30 day period for TBS to appeal has lapsed. Now, I can get to work on resolving this for the other affected families and begin the healing process at home.

Thanks to everyone for their support, criticism and ideas, your voices on this subject are contributing to making a huge difference in the lives of military families who needed your help.

UBIQUE!

 

[TCM621]

That's great Marcus. I am glad it all worked out

 

[PuckChaser]

Marcus,

As a new homeowner with a young family, I really want to thank you for bringing this out into the public domain and dealing with the numerous hardships over the past few years. You've not only got justice for yourself, but successfully beat the civilian system that at times seems to deliberately want to screw us around. You've secured the ground on which many other military families will get fair compensation for being ripped away from a home at a huge loss through no fault of their own.

Thanks again.

 

[heavy reader]

Update:

Still no action from TBS (i.e. decision that Bon Accord is a "depressed market"), and therefore, still no money since our 10 May 2010 move from Edmonton to Halifax.

As of last week, TBS has not "assigned anyone to assign the case".  So, our family (and others) continue to wait for justice.  It has been...

-132,624,000 seconds
-2,210,400 minutes
-36,840 hours
-1535 days
-219 weeks
-4 Years 2 months and 14 days!

In the meanwhile, here are some updates on the current contract works: http://www.tpsgc-pwgsc.gc.ca/app-acq/faqgcrss-ssrgc-eng.html; and

https://buyandsell.gc.ca/procurement-data/tender-notice/PW-ZL-106-26343

 

[heavy reader]

ALCON:

HUGE announcement is in the works, on the Home Equity Assistance issue!

More to follow.

 

[McG]

I've heard of some five figure losses on homes in Oromocto this year.  Wonder if they will be looked after.

 

[Tibbson]

I'm still pissed on another aspect of this.  In a "normal" year posting messages would have been out a lot sooner then they were this year and there would have been 3 to 4 months before COS to sell a home and move.  Add to that the 30 day COS extension that could be requested and for many of us that is enough time to sell, buy and move.  This year msgs were so late that many had 2.5 months till COS and then, if it was granted, the 30 day extension.  Many of us still find ourselves in a position where we cant sell and now must make a choice to go unaccompanied till we sell, take the family and rent on the other end till we sell or risk a huge loss on our homes that may or may not be covered.  Either way causes a huge financial and emotional burden on the member. 

In my case I have no choice but to go unaccompanied as I was denied any further extension beyond my initial 30 days.  Oh sure I will get an amout designed at cover what DND says should be my rent on a room at a private rental or more for a furnished suite but even with the list the OR gave me and two weeks of kijiji ads I will still need to pay min $200 extra for a room or $435 extra for a suite out of my own pocket to live unaccompanied while we try to sell.  Add to that the costs for MY food, MY gas, MY parking at my residence (over what DND) reimburses, or the cost of a bus pass and the extra commute time, and my other misc costs PLUS the normal costs for my family back home and I just dont know how we are going to do it.  Im so pissed at those who abused the previous IR system benifits that used to cover such things and were intended for those who really needed them.  I remember being told years ago that the IR system was there and they couldnt spend it all so make use of it if you want so I cant just blame the users I guess.

I guess I'm off to my new posting, incuring more debt, leaving my family behind, stressing my wife, disrupting my kids schooling all while I eat ramen noodles and close to expired Dollar Store knock off Alphagetti.  Yep, there's no life like it.