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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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Page updated: 26/01/05