Attention Retirees: Important Legal Notices
Attention: Retirees, family and friends of retirees
The below legal notices appeared in the Telegraph Journal and L’Acadie Nouvelle this past weekend and we would like to draw your attention to it, as we proceed with our legal challenge for retirees.
COURT FILE NO. FC-212-15
IN THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK TRIAL DIVISION
JUDICIAL DISTRICT OF FREDERICTON
CLIFFORD KENNEDY JR, VIOLA SAVAGE, DEBORAH MCCORMACK, and RITA DUNNETT
- and -
HER MAJESTY THE QUEEN IN RIGHT OF NEW BRUNSWICK as represented by the ATTORNEY GENERALOF NEW BRUNSWICK and THE MINISTEROF FINANCE and the BOARD OF MANAGEMENT
NOTICE TO PENSIONERS
(Public Service Shared Risk Plan)
TO: All persons who were receiving pensions or other benefits under the Public Service Superannuation Act on December 31, 2013, namely, all persons as at January 1, 2014 defined as a “Pre-Conversion Retiree” or “Other Pre-Conversion PSSA Plan Claimant” (other
than a “Pre-Conversion Deferred Vested Member”) under the Public Service Shared Risk Plan NB Reg. No.
0305839, and their survivors, beneficiaries and estates (collectively referred to as the “Pensioners”)
PLEASE READ THIS NOTICE AS IT CONCERNS YOUR PENSION RIGHTS:
On June 30, 2014, Clifford Kennedy Jr., Viola Savage, Deborah McCormack and Rita Dunnett commenced a proceeding (now NBQB FC-212-15) (the “Proceeding”) to determine whether An Act Respecting Public Service Pensions violates the Canadian Charter of Rights and Freedoms and if so, whether the violations are demonstrably justifiable under section 1 of the Canadian Charter of Rights and Freedoms. The plaintiffs seek remedies
on behalf of Pensioners that could have the effect of restoring Cost-of-Living Adjustment (“COLA”) benefits provided under the Public Service Superannuation Act
The purpose of this Notice is to advise you that the plaintiffs will be bringing a motion to the Court on July 12, 2016, at 9:30 a.m. (the “Motion Date”) at the Justice Building, 427 Queen Street, Fredericton, New Brunswick to be appointed representatives (the “Representatives”) to represent you and other Pensioners on matters affecting these Proceedings. The Representatives will also ask the Court to appoint Mr. Ari Kaplan of the law firm Koskie
Minsky LLP (kmlaw.ca) as Representative Counsel and direct the government defendant to provide to Representative Counsel the basic personal and contact information for each Pensioner (“Pensioner Information”). Pensioner Information will be kept by Representative Counsel and not shared with the Representatives without your further consent or an order. Terms of the Representation Order will be subject to further orders of the Court.
If you are content with being represented in these Proceedings, there is nothing further you need to do at this time. You are not being asked to contribute any funds or pay any costs or fees in respect of the Proceedings.
If you do not wish to be represented in these Proceedings, you have the right to opt out. If you opt out, any Pensioner Information received by Representative Counsel will be returned to the government and you may not be bound by any court orders or settlements in relation to the Proceeding.
More information about opting out will be provided afterthe Motion Date, at kmlaw.ca/pensionnb.
IF YOU WISH TO OBJECT to this Representation Motion, you or your counsel are requested to please advise the Court as soon as possible prior to the Motion Date and also asked to please provide notice to Mr. Ari Kaplan c/o Koskie Minsky LLP, 20 Queen Street West, Suite 900, Box