Justice J Scurfield of the Court of Queen's Bench Manitoba ruled that leave is granted for the plaintiff to proceed to a certification hearing in the civil action suit regarding defoliant spraying at CFB Gagetown.
The benefits of the Manitoba decision are:
1. Now there will be just one action for all of Canada which will speed up the process.
2. If the matter were to go to court in New Brunswick, the Representative Plaintiffs are at risk of paying costs while no costs can be ordered in Manitoba.
3. Manitoba has class action legislation and New Brunswick does not so the process can move more quickly in Manitoba.
3rd Horseman said:Thankyou armyvern for the clarification.
To date I believe about 950 claims, it would appear only a handful (11 rings a bell) have been granted a pension. But I caution all on the meaning of that, since pensions are private we don't know that they were granted for, could be AO could be something else, we only know they were granted. It would be nice to see the DVA wording on the BG Sellers pension, it may not be for AO in Gagetown it could be for AO in Vietnam during the observer mission of the early 70s. Or it could be for something associated with AO in Gagetown. Possibly it is for something completely different but aggravated by field time in Gagetown....? I would suggest printing it, then if it is valid, let all the soldiers of the Black Watch get it because if a CO got it for I would suggest never being near a blade of grass in the area other than to have tea and a sherry while watching the troops exercise then they all should get it.
What I do know for fact is that my local neighbours who worked on the spray program are sick, it would appear that illness is associated with long term exposure to the spraying. They worked as mixers and nozzle holders during the project for years. They deserve a close look and IMHO compensation, but the soldiers who drove by the area or walked through it that is a stretch. More of a stretch is those that spent a day visiting from away up on base proper not even in the field making a claim.
Heres to a resolution of this issue and people who don't know the details calling myself and my friends creators of a cover up and lier's to hide the truth. Instead in time they may say thankyou for always telling the truth about the issue and not covering anything up...{sorry we were wrong} it woud be nice to hear one day.
MIKsam said:... Victims of the Gagetown Atrocity. ..
francois said:Hi everyone
My name is Mimi and im doing this for my husband as he is unable to write or walk.He was exposed to Agent Orange in gagetown in 1963 and has left him
with many chronic diseases.
Recently the court in Manitoba has authorised a collectif to pursue a law suit
against the government.
If anyone can help in getting contact information about their lawyer or a
collective member i would greatly appreciate it.
I can be reached by e-mail at....francoisblais51@sympatico.ca
Any help would be greatly appreciated.Thank you all.
Awife in distress
*****************************
Hello Mimi,
The law firm involved is at , email The Merchant Group at www.merchantlaw.com <http://www.merchantlaw.com/> or call Tony Merchant or Casey Churko at 1-888-567-7777.
But you can also join using www.agentorangealert.com <http://www.agentorangealert.com/> web site. The exact page is http://www.agentorangealert.com/classactionlawsuit.html
Ken Young.
Mimi
To assist with management of the pension backlog and to facilitate processing
of the high volume of incoming applications, a number of streamlining
initiatives were introduced. In spite of the higher than projected work intake
and the significant reduction in production time, due to pension staff
involvement and training in the new programs and the Table of Disabilities,
staff processed 25% more pension applications than anticipated (approximately
35,000 pension applications were processed in 2005-2006) and reduced the
pension backlog by 18% resulting in a national pending of 12,137 applications
as of April 1, 2006. The most notable reduction was in Head Office Pension
Adjudication where pendings reduced from 4,701 on April 1, 2005 to 2,139 on
April 2, 2006 (55% reduction in pendings during 2005-2006).
For the Veterans Review and Appeal Board, 90% of 4,870 Reviews were
finalized within 31 calendar days, and 90% of 1,532 Appeals were finalized
within 29.1 calendar days. The Board’s service standard is to provide a written
decision within 30 days from the hearing date. A total of 388 claims were not
finalized within 60 days. Of this number, 79 written communications were
sent to appellants to advise them that the decision would be delayed.
Decisions on 117 cases were issued shortly after the 60-day time frame.
Pressure is building on the federal Conservatives to make good on a promise to compensate people who say they were harmed by defoliant sprays at Canadian Forces Base Gagetown.
Federal Liberal Albina Guarnieri said Wednesday that Prime Minister Stephen Harper and his government are deliberately stalling on a commitment to compensate those affected by the testing of defoliants such as Agent Orange and Agent Purple in the 1960s.
Guarnieri, the party's veterans affairs critic, has raised the issue in the House of Commons, pointing out that both Harper and Veterans Affairs Minister Greg Thompson pledged speedy cash settlements in the controversy surrounding the testing of combat defoliants, as well as other powerful herbicides used at the base over the years.
She said it appears the federal Conservatives are renegging on yet another promise they made in Atlantic Canada during the last election, referring to the fight over the Atlantic Accord and equalization.
"They raised expectations with a promise they have failed to fulfil," she said in an interview. "It's shameful."
The federal government hasn't explained why it is taking so long to produce an Agent Orange compensation package.
Thompson said he'll get the job done and he has talked about compensation of $20,000 to $24,000 per individual claimant.
But his original prediction of an announcement by early 2007 has passed and he isn't saying when a package will be presented.
"This file has been around for 40 years," Thompson said in Parliament in response to a question this week from Guarnieri.
"The Liberals fell asleep on it. We will get it done."
Guarnieri said it's suspicious that Thompson has been unable to keep a deadline on the issue.
"The question is whether Thompson has really failed to deliver a plan or whether the prime minister has rejected that plan," she said.
Over several days in 1966 and 1967, the U.S. military carried out tests at Gagetown of a number of defoliating agents, including Agents Orange, White and Purple.
The chemicals were widely applied during the Vietnam War to clear jungles and have since been linked to a number of human health problems, including chronic lymphocytic leukemia, soft-tissue sarcoma, non-Hodgkin's lymphoma, Hodgkin's disease and chloracne.
U.S. studies also suggest that exposure to the chemical defoliants could be related to a number of forms of cancers as well as diabetes.