Pension Surplus Case – Update

March 16, 2006 During the hearings of November 15 – 18, 2005, lawyers for the government tried to block written evidence that would seriously weaken their case and to cause serious delays in our lawsuit that’s already into its sixth year.
During this phase of the trial, government lawyers asked the judge not to admit as evidence the 128 government documents were submitting to the court, even though they concede to the authenticity of these documents. Instead, in an apparent effort to drag out the case for years, they wanted us to call the authors of all the 128 documents as witnesses during the trial.
Justice Panet found that all of the documents contained statements that are relevant to crucial issues in the cases. He also found that it would be unfair to require the plaintiffs to call the authors of the documents. He stated that “it is open to the Defendant to call the authors of the documents or other officials to explain the statements made in the documents.”
After issuing this decision, Justice Panet met with the lawyers for all parties, primarily to discuss the matter of date trials.
Unfortunately, the court was not able to schedule the trial until February 2007. The trial is expected to last several weeks. This will further protract an already lengthy trial, which commenced in November 1999.