Canadian Gov't Appeals $400 Million Gay Suit

[Lee]

(Toronto, Ontario) The Canadian government told Ontario's highest court today that a lower court judge erred in ruling that the same-sex partners of gays and lesbians who died between 1985 and 1998 were owed as much as $400 million in pensions.

The case involves survivor benefits under Canada's Pension Plan. In 2000 the federal government passed legislation recognizing same-se relationships under the Plan and made it retroactive to Jan. 1 1998.

But, gays argue it should have been backdated to April 1985, when gays and lesbians were granted equality under Canada's Charter of Rights and Freedoms, and began a class action suit to recover the unpaid benefits due an estimated 1,500 survivors, many of whom became widowed at the height of the AIDS crisis.

Last December a Superior Court judge in Toronto agreed with them. (story)

The federal government's appeal centers around Parliament's right to enact legislation and thereby determine the date under which it will take effect.

For George Hislop, the lead plaintiff in the case, the unpaid benefits could be worth as much as $150,000. But for Hislop, a longtime activist who is being honored at this month's gay pride celebration in Toronto, it is not about the money.

"It's the principle of the thing. My partner died 18 years ago. He paid into the CPP all of his life and I'm still waiting for a settlement,'' Hislop said.

He and Ron Shearer, who died in 1998, had been together nearly 30 years.

The Ontario Court of Appeal has scheduled two days of arguments but a decision could take several months with an appeal to the Supreme Court likely. As a result many of those involved in the suit may die before there is a final outcome. Hislop is 77. Some of the plaintiffs are in their 80s.

http://www.365gay.com/newscon04/06/061004canElect.htm

Well delaying having to make the payouts by continually going around in legal circles is one way to lower you costs i guess :eek:

Regards,

Lee

[Dzinerbear]

This figures. But then with $400 million at stake, what do you expect?

We've got an election here at the end of the month. And right now, it's between the Big Business We'll Screw the Little Canadian in Favour of all our Corporate Buddies Liberals or the We're Going to Fuck Everyone not Carrying a Bible Conservatives.

Unfortunately, the New Democrats are the only ones who could truly do something wonderful for Canada, but they don't stand a chance. (We have three main parties here in Canada.)

What a mess.
Michael