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National Trust

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AFTER's Intervention in the Monsanto Case -
September 12, 2000
Information From Court
For the official court document click here.
Our previous letters referred to the Monsanto Case, a somewhat similar legal
case involving a group of terminated employees of Monsanto Canada Inc. who
pursued their employer for their share of that company's pension plan surplus
at the time they left Monsanto. An original ruling by FSCO ordered the company
to pay those employees, but Monsanto appealed to a tribunal and the company won
on appeal. This second decision has been further appealed to the Superior Court
of Ontario by the Superintendent of Pensions for FSCO, and the case goes before
the court beginning November 21, 2000. On our lawyers' advice, AFTER filed an
application for intervenor status in the Monsanto appeal on the grounds the
outcome of that case may well affect our members. In fact, the earlier decision
already has been used against us, in that Scotiabank waited for that decision
before responding negatively to our original letter (see "Recent Developments"
above).
Our application was heard on July 12, 2000 and the decision, in our favour, was
issued on September 12, 2000. You will be very interested to know that
Scotiabank sent its lawyers to our application and recorded the Bank's
objection. They further requested that, in the event AFTER was successful; they
also wanted the same intervenor status, which they also have been granted. It
now appears that Scotiabank is siding with Monsanto against their former
employees for fear that the outcome of that case will rightly revert to being
in the employees' favour.
We don't expect a decision in the Monsanto appeal will be issued before the end
December, 2000 but we are very optimistic a fair decision in favour of the
Monsanto employees will ultimately result. We then expect that Scotiabank will
do what its chairman, Peter Godsoe, committed to do at the Bank's February 29,
2000 annual shareholders' meeting, TREAT US FAIRLY (the audio "proof", now
deleted from Scotiabank's website, is still available on our website -
click here).
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