SUMMERLAND, B.C. (Mar. 7, 2005) — B.C. law firm Johnston, Johnson & Co. has filed a class-action suit on behalf of 11 truck drivers seeking to overturn the unfair meal allowance portion of the federal tax policy.

The Summerland, B.C.-based lawyers are asking the Supreme Court of British Columbia to strike down a section of the Income Tax Act dealing with the deduction of their meals while they are on the road.

“Essentially, we looked at whether truckers, bus drivers, and other workers that travel for a living could unite in one cause to get parity with government workers,” says Tom Johnston, lead counsel on the case in a statement that appears on the firm’s website. “Government employees receive a meal allowance of $73.10 [an amount that fluctuates on a quarterly basis according to the Consumer Price Index] per day plus U.S. exchange (if they were traveling in the US), without receipts.”

In the Statement of Claim, it is asserted by the plaintiffs (the truckers) that CCRA [formerly Revenue Canada] “through [its] administrative policies, have ruled that some of the Plaintiffs and some of the Class are not entitled to a meal allowance greater than $16.50 before 2003, and, $22.50 after 2003, while other taxpayers received more money for meals, including allowing some, the fair meal allowance rate.”

Further, the Plaintiffs claim that the decision to allow some individuals to claim a greater amount than others is unfair and discriminatory, and without adequate reason.

Johnston says he hopes for truckers to gain parity with federal civil servants covered by the Treasury Board Secretariat Travel Directive. “We’re also seeking to strike down the 50 percent aspect of the rule,” he says. “That applies to business meals, and in the case of our clients, that’s clearly not the case.

“In the civil servants’ case, he or she is consuming meals for sustenance, as are truck drivers. Allowing one group a more generous allowance than others isn’t fair. It’s clearly a discriminatory practice, and the Canadian Charter of Rights makes no room for distinction between one class of citizens and another.”

Drivers wishing to join the class action may still do so by contacting Johnston & Johnson at their B.C. offices, or by visiting the website. If the lawsuit is successful, only those registered and paid-up of the class action may be able to claim retroactive meal allowances, the firm says.

There is a $200 fee to join the class action. Those already in the class action will need to pay an additional $100.00 to remain in the lawsuit. For more information, see www.summerlandlawoffice.com or call, 800-494-0442.