HALIFAX – Federal lawyers argued today that a Canadian Forces member’s effort to be compensated $72,000 for losses on the sale of his house can’t proceed as a private lawsuit.
Angela Green, an attorney for the federal Department of Justice, said if military members who sell their houses at a loss are dissatisfied with Treasury Board decisions on what they receive, they can appeal through a judicial review.
Green told the Federal Court judge in Halifax that an attempt by Neil Dodsworth to claim negligent misrepresentation should be struck down because the federal policy on compensation is clear and reasonable.
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 federal government and the military members are disputing the Treasury Board’s interpretation of what constitutes a depressed market.
Dodsworth took a loss on the sale of his home near Edmonton when he was posted to Kingston, Ont., in 2009.