Pension Surplus Litigation – Update – February, 2009
PSAC has recently been receiving enquiries from members concerning the status of the litigation initiated against the Federal Government over the $30.2-billion pension surplus appropriation legislation of 1999.
The last update posted on the PSAC web site was January 29, 2008. At the time, PSAC, along with other unions and associations of employees and retirees, had agreed to pursue an appeal of the November 2007 Ontario Superior Court of Justice decision dismissing all of the claims put forward by the plaintiffs.
Due to the complexity of the issues involved in this dispute, legal preparations for proceeding on appeal to the Ontario Court of Appeal have been lengthy. At present, the parties to the litigation are working with a Coordinating Judge to prepare and exchange appropriate transcripts and factum reports. Given the anticipated length of the Appeal Court proceedings (possibly two to three days), an actual court date is not expected to be scheduled before the fall of 2009.
Given the significance of this issue to current, former and future members of the PSAC, it is important that the best possible legal arguments are prepared in an effort to overturn the decision at the Ontario Court of Appeal. The PSAC is fully committed to pursuing this objective and will keep the membership informed of any developments of significance through postings on the PSAC national web site.
Date Modified : 2010/07/29
