Update on Pension Surplus Litigation
At long last, it looks like the case challenging the federal government’s confiscation of the surplus in the federal public service, Canadian Forces and RCMP Superannuation Plans is in the home stretch. A tentative trial date has been set for November 15, 2005 and the trial is expected to last two to three weeks. Some of the steps necessary to get the case ready for trial have taken place over the last few months. The remaining steps have been scheduled to take prior to November 15th.
The most important recent developments have been the examinations for discovery of the plaintiffs in all three actions, which took place in December 2004 and a meeting with the case management Master on January 10, 2005. In the December examinations for discovery, Steve Hindle was the representative on the PIPSC action. Daryl Bean was the representative on the PSAC action and Bill Krause was the representative on the AFP/AAC/RCMP Association/CAPE action. The lawyers for the government have indicated that they may have some additional questions for some of the representatives, but any additional examinations for discovery by either side must be completed by April 15, 2005.
In the January 10th case conference, all of the parties were able to agree on a strict time table for the various matters that need to be dealt with prior to trial. This includes dates for finalizing an Agreed Statement of Facts and an Agreed Book of Documents. This is important because to the extent that the parties can agree on certain facts and documents, this can substantially shorten the length of the trial.
The schedule also provides for expert reports to be completed by the plaintiffs by June 30, 2005 and for the government lawyers to give the plaintiffs any expert reports they intend to rely on by September 30, 2005. It is expected that most of the witnesses at trial will be experts and therefore the completion of the expert reports by both sides will be a significant step in preparing for trial.
Another key event in the preparation for trial will be a Trial Management Conference with the judge who will be hearing the case, which is scheduled to take place on September 23, 2005. By that time, the parties are expected to have completed a great deal of the preparation work for trial and it is likely that the judge will provide direction regarding how the trial should proceed.
March 3, 2005
