November 17, 2014
Justice Morrison of the Court of Queen’s Bench authorized the case to proceed as an “action” and has rejected the Crown’s argument that the case should be dismissed for lack of notice.
The Crown had sought a declaration that the Coalition should have provided advance “notice” to the Crown before starting the case. The Court agreed with the Coalition on this point and ruled that no notice was required. The Court rejected the Crown’s request to strike the proceeding and declare it a nullity.
The motion that the decision relates to was purely procedural in nature and no submissions were made concerning the new Cost of Living adjustments as legislated under the Shared Risk pension plan and no arguments were made under the Canadian Charter of Rights and Freedoms. The Court noted that the “main thrust of this proceeding is the challenge to the validity of the legislation … on the basis that it infringes the Canadian Charter of Rights and Freedoms and the provisions of the Taxpayer Protection Act.”
The Court agreed with the Crown that the case is more appropriately brought by way of “action” instead of by “application”. The Court rejected the Crown’s argument to dismiss the case and instead the Court took the step of “converting” our application into the action format.
The Court ordered that no party is required to pay the costs of the other for the Sept. 29 attendance, since both the Coalition and the Crown were equally successful.