Law Times

PAGE 12 FOCUS May 2, 2011 • Law TiMes Injured veterans find allies in battle for compensation I BY JUDY VAN RHIJN For Law Times n the midst of an increas- ingly vocal campaign by Canada's newest military veterans against the deficien- cies of the current compensa- tion scheme, a free legal advice service has become available to assist them as the Ontario Trial Lawyers Association responds to a rash of stories about inad- equate help for those hurt in the line of duty. Patrick Brown, a partner at McLeish Orlando LLP and chairman of Trial Lawyers for Veterans, recalls how the new service came about. "OTLA held a conference where the news on all fronts was that veterans were having a lot of trouble dealing with red tape and bureaucracy in the sys- tem. We said, 'Wouldn't it be great if we could set up a pro bono system to provide free legal services to disabled veter- ans?' There was immediately a huge response from members. Within 48 hours of the call for volunteers that went out just before Christmas 2010, we had over 50 responses. At present, there are 96 lawyers processing over 80 cases." The movement has tapped into the sympathy and ad- miration for young soldiers returning from active duty. "They've made a commitment to the country. They shouldn't have to fight for benefits," says Brown. "When they get back, they are vulnerable members of the community. All Cana- dians have a duty and a debt of gratitude, and that includes the government. We hope to alleviate the pressure and help them get their benefits without additional problems." Veterans groups in Ontario are certainly grateful for the help. Robert Butt, director of communications at the Royal Canadian Legion, welcomes the lawyers' contribution as it fills a gap in the representation currently available to veter- ans. "When the administra- tive process gets exhausted and veterans still haven't been granted what they feel they need, they go forward to the Federal Court. The Bureau of Pensions Advocates and the legion do not appear at the Federal Court." Brown agrees that the gap in representation is the big- gest problem in the system. "The veterans have access to the pensions advocate to make the initial applications through the administrative tribunals, then they appeal and it goes to judicial review in the Federal Court. At that point, there is no representa- tion or financing. The pen- sion advocate lawyers are handcuffed in taking it fur- ther. That is the biggest vac- uum, and we can definitely fill that. Our members have ex- perience in the Federal Court and can offer those services." Every member of Greg are currently handling about half a dozen cases," he says. "There are circumstances in which veterans' interests are best addressed by what's al- ready in place, but if their needs are not being properly addressed, they should access the service. It's free. And at the very least they'll get good direction." In the meantime, Brown Injured veterans 'shouldn't have to fight for benefits,' says Patrick Brown. Monforton's personal injury firm in Windsor, Ont., is a vol- unteer in the new scheme. "We had a lot of inquiries when it first started and we has launched an education program for the new volun- teers. "I invited the pension advocate lawyers, the Royal Canadian Legion, and the veterans' ombudsman to par- ticipate in a webinar to edu- cate the volunteers about the representation required and co-ordinate our limited re- sources. We have also set up a chat line so all volunteers can have access to each other and a document database. It has taken off." 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Oatley, John McLeish and contributing authors Find out from today's top personal injury experts how to attain the fairest compensation for your client's injury with this insightful resource. this resource provides all the essential step-by-step guidance you need to effectively manage the complexities of ontario's no-fault insurance system. Looseleaf (2 Volumes) • $342 Subscription updates invoiced as issued (1-2/yr) P/C 0486030000 • ISBN 0-88804-380-5 Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation CANADA LAW BOOK® www.lawtimesnews.com Personal Injury - 1/2 4X.indd 1 4/26/11 3:17:42 PM there has been a steep learning curve, he says the educational assistance has been very com- prehensive and believes person- al injury lawyers are already pre- pared to help. "Very few people do this work with any regular- ity. But the fundamental issues are the same whether the client is injured in the course of serv- ing their country — and that could be on the battlefield or in more mundane circumstances like a car accident while serving — or in a usual personal injury case. The severity of the injury, the economic impact, and the causal link between the injury and the accident or incident, these are the types of issues that we are addressing all the time." The free legal service comes just in time to assist veter- ans with changes introduced through the latest amend- ments to the veterans charter. Revisions to the Canadian Forces Members and Veterans Re-establishment and Com- pensation Act took effect on March 24. These are the first amendments to the so-called living charter that came into being in April 2006. Within two years, Senate and House of Commons committees are to undertake another compre- hensive review. This is the latest measure in a round of sweeping changes in response to mounting criticism from veterans' advocates about the inadequacy and inappro- priateness of the compensation received by wounded soldiers returning from Afghanistan. "There has long been a per- vasive sense of dissatisfaction across the veterans' community for a whole lot of reasons, and now there are more injured veterans relying on the system than at any time since the Ko- rean War," says Monforton, who sees the amendments as a positive step overall. "Will it address every con- cern and solve every prob- lem? No, but it does give a little more flexibility and more See Red, page 13 Digital LT.indd 12 4/29/11 11:28:56 AM

• Cover
• Jury Hunt
• Contested Elections
• Focus On Personal Injury Law