home
contact us
site map
disclaimer
privacy policy


Class Actions

Pension Surplus
  National Trust
 
Home
 
Legal Updates
 
F.A.Q.s
 
Court Documents
 
Correspondence
 
Archives
 
Links
 
Contact Us
 
Site Map

Bankruptcy and Insolvency

Other Cases





  Client Links


 Publications



 Our Firm


National Trust

For more information call us at 1.800.451.3225


Status as at February 18, 2003 

Previous updates are archived on this site. Click here to review them.

Victory - On November 22, 2002 the Ontario Court of Appeal released its long-awaited decision in the Monsanto case, at which AFTER had intervenor status. The result was a unanimous 3-0 decision in our favour. (Click here to read).

Now, this decision is being challenged by the ACPM (Association of Canadian Pension Management), whose membership includes Scotiabank, and they filed an appeal to The Supreme Court of Canada on January 21, 2003. The Supreme Court will determine whether their appeal has sufficient merit to warrant being heard. Historically, that Court hears about 8% of the applications to appeal.

The foregoing action is forcing AFTER to incur further costs particularly as Scotiabank continues to decline our repeated requests to deal fairly and equitably on this matter. Our latest February 2003 mailing includes a detailed update and further request for your financial support. (Click here to read).

As reported in the December 2002 update (Click here to read), the Ontario Provincial Government introduced proposed amendments to the Ontario Pension Benefits Act (PBA) which, if passed would have, retroactively to 1988 (15 years), wiped out rights of thousands of members of defined benefit pension plans. (Click here to read the proposed changes). The retroactivity proposal was strongly lobbied for by the ACPM. (Click here to read their June 3, 2002 letter to Janet Ecker, Ontario’s Minister of Finance).

As a result of a groundswell of opposition to these changes lead by AFTER, the Provincial Government withdrew these proposals and publicly promised to seek employee input (Click here to read their press release), including representation by AFTER, should they reintroduce them.

AFTER wrote Scotiabank Directors on November 29, 2002 (Click here to read) and not one of them replied. AFTER received a dismissive response on their behalf from the Bank on December 19, 2002. (Click here to read). Accordingly, members of AFTER will represent your pension interests once again at the Bank's Annual General Meeting in Halifax to be held on March 25, 2003.

Your AFTER Committee continues to take a leadership role, constantly monitoring developments around our cause on behalf of our membership, which as you know, includes all pensioners and former NT employees (some of whom are current Scotiabank staff).



Copyright © Koskie Minsky LLP, 2008