PSAC Pension Fightback Campaign
January 26, 2005
PSAC pension surplus lawsuit finally goes to court
November 15, 2005 has been set as the opening day of the trial
in the PSAC's lawsuit against the federal government for their arbitrary
removal of the surplus in several public sector pension plans.
The trial, which will take place in the Ontario Superior Court,
is expected to take three weeks.
The date was set when legal counsel for all the parties involved
met in early January with the person managing the case for the court.
All of the expert reports that the PSAC and the other plaintiffs
will file must be in by June 30. The government has until
September 30 to file their expert reports.
In September, there will be a trial management conference to address
any problems that might arise given the number of plantiffs involved
in the case and the thousands of documents that have been filed.
The purpose of this meeting will be to deal with any problems
before they arise, allowing the trial to proceed efficiently.
While the PSAC first filed its lawsuit in a Statement of Claim
on November 8, 1999, the case was delayed as a result of several
legal challenges filed by the federal government. Once these
were dealt with, the Examination for Discovery process, which consists
of the oral examination of witnesses in the case, started in February
2003.
The Discovery Process began with the PSAC and the other plantiffs
examining the witnesses to Treasury Board's documents. Then
it was Treasury Board's turn to examine our witnesses. In
December 2004, former PSAC National President Daryl Bean was examined.
Two additional days have been set aside in March in the event
additional questions arise as a result of Brother Bean's testimony.
The PSAC is one of three groups that filed lawsuits against the
federal government for removing surplus funds from the Public Service
Superannuation Plan, the RCMP Superannuation Plan and the Armed
Forces Superannuation Plan.
Updates will be issued as developments occur in the case.
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