Lawyer to fight dismissal of proposed class action over military home equity
HALIFAX — The lawyer for a Canadian Forces veteran who lost $72,000 on the sale of his house will be in court today to argue a proposed class action should not be struck down.
Dan Wallace says the matter affecting military members who sell their houses at a loss when they are posted to other bases will be heard in Federal Court in Halifax.
Lawyers for the federal goverment filed a motion in April to strike down the proposed class action, saying the matter would be better suited to a judicial review.
The department says the case filed by master warrant officer Neil Dodsworth is bound to fail as it amounts to a criticism of government policy.
Dodsworth took a loss on the sale of his home near Edmonton when he was posted to Kingston, Ont., in 2009.
Under the rules, a military member can receive 100 per cent compensation through a home-equity assistance program if they sell their home in a depressed market.
However, the dispute centres on what constitutes a depressed market.
The Canadian Press
HALIFAX — The lawyer for a Canadian Forces veteran who lost $72,000 on the sale of his house will be in court today to argue a proposed class action should not be struck down.
Dan Wallace says the matter affecting military members who sell their houses at a loss when they are posted to other bases will be heard in Federal Court in Halifax.
Lawyers for the federal goverment filed a motion in April to strike down the proposed class action, saying the matter would be better suited to a judicial review.
The department says the case filed by master warrant officer Neil Dodsworth is bound to fail as it amounts to a criticism of government policy.
Dodsworth took a loss on the sale of his home near Edmonton when he was posted to Kingston, Ont., in 2009.
Under the rules, a military member can receive 100 per cent compensation through a home-equity assistance program if they sell their home in a depressed market.
However, the dispute centres on what constitutes a depressed market.
The Canadian Press
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