VETERANS
Judicial review of decision by Director General, National Operations Division of Department of Veterans Affairs (DVA) dated May 5, 2006 denying deceased applicant eligibility for reimbursement of Chronic Care Benefits from June 17, 2000 (date placed in long‑term care) to October 8, 2004 (date of notification by DVA of entitlement to make claim)—Neither Department of Veterans Affairs Act, R.S.C., 1985, c. V‑1, nor Veterans Health Care Regulations, SOR/90‑594 requiring DVA to take specific steps to inform “clients” as to benefits available—No special fiduciary duty imposed on DVA herein—October 2004 date of “notification” of entitlement for benefits under Regulations, date of making claim—Regulations, s. 34.1(4) requiring claim for reimbursement to be made within 18 months prior to October 2004—Applicants should be reimbursed for monthly expenses of $4,064.44 incurred during 18 month‑period prior to October 2004.
Krasnick Estate v. Canada (Minister of Veterans Affairs) (T‑916‑06, 2007 FC 1322, Hughes J., judgment dated 14/12/07, 29 pp.)