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REGIONAL WRAP-UP ing in the area, until now. Expansion of the unit is al- ready planned. "Certainly we see growth. There is lots of growth potential" says Durnford. "There are no concrete number targets. These are early days. The focus now is to consolidate practices, [but] we will be looking to add lawyers." While the move makes good business sense, it was not an easy decision, says Durnford, who had joined McInnes Coo- per as a student and founded, then led, its labour litigation Second pension class action lawsuit launched eter Driscoll likes action. Class ac- tion. Hard on the heels of his win before the Federal Court of Can- ada to have a $300-million suit against the federal government certified on be- half of Canadian Forces members, the McInnes Cooper associate and his col- league Ward Branch, with Branch Mac- Master in Vancouver, have filed a similar suit on behalf of RCMP officers across the country. At issue: pension claw-backs for in- jured workers unable to return to duty. Under the current system, RCMP offi- cers injured on the job receive a pen- sion for pain and suffering. If an of- ficer is able to remain on the job, this money is paid in addition to a regular paycheque. However, if the officer is unable to continue working, long-term disability kicks in. This pays a maxi- mum of 75 per cent of salary, which of- ten means a claw-back of the pension. The pension payments, notes Driscoll, "are indemnity payments just like gen- eral damages. "Initially," he adds, "the Canadian Forces took the position that it was not just an indemnity payment. But that is not the case. . . . It is for loss and com- pensation." The proposed class action suit could include upwards of 3,000 RCMP of- ficers. The Canadian Forces suit is ex- pected to involve more than 4,500 dis- abled veterans. The class action suits will likely stop here as the pension situation, which falls under federal pensions legislation, is unique to the RCMP and the Canadian 1-5 copies: . . . . . . . . . . . . . . $28.50* ea. 50-99 copies: . . . . . . . . . . . . $26.50* ea. Forces. In fact, the Department of Na- tional Defence has amended its legisla- tion since the first suit was launched, but the changes were not made retroactive. The situation, says Driscoll, is "per- verse." "The more serious your injury, the fewer the benefits you receive." — DM Peter Driscoll likes (class) action. section. "It was tough for me to leave," he notes. It was a move that surprised many of Durnford's col- leagues in the community. "It is unusual for someone of my vintage to do this," he says. "People tend to think that when you turn 60, you're done." Durnford, on the other hand, is just starting. — DONALEE MOULTON donalee@quantumcommunications.ca Includes E-mail Addresses Atlantic Legal Telephone Directory ... and much more. 6-49 copies: . . . . . . . . . . . . . $27.50* ea. 100 or more copies: . . . . . . . $25.50* ea. (*Ontario residents must include 13% tax, Atlantic province residents must include 13% HST) For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. WPN0707 www. Law ye rmag.com A UGUST 2008 15