Pension trustee takes stand in defamation suit
CBC News
Posted: Feb 15, 2012 6:10 PM AT
Last Updated: Feb 15, 2012 7:09 PM AT
Related
Related Stories
The board's lawyer, Barry Morrison, contends John Ferguson's comments hurt the board's reputation and continues to do so. (CBC)A high-profile defamation case continued in Saint John Wednesday with a former long-time city financial officer on the stand.
The city's pension board is suing former city councillor John Ferguson for allegedly defamatory comments he made in 2005 about its handling of the pension fund, which had a $47-million deficit at the time.
The board is arguing Ferguson's criticisms damaged its reputation and continues to do so.
The board’s lawyer, Barry Morrison, called Andrew Beckett, the city’s former finance commissioner and former deputy city manager, to testify.
Morrison said Beckett, who is one of the pension board members involved in the suit, will have the second longest testimony after Ferguson himself.
Much of the afternoon was spent going over Beckett’s job descriptions and credentials.
On Tuesday, Ferguson’s lawyer named Beckett as one of the people responsible for the pension plan’s deficit.
John Ferguson's lawyer, Rod Gillis, argues the board members who voted for expensive changes to the plan stood to gain the most. (CBC)Rod Gillis claims Beckett was among the members who voted for expensive changes to the plan in the mid- to late-90s, which they stood to benefit from the most.
The changes, which included increasing the maximum pension cap to $45,000, up from $40,000 and then indexing it, did not benefit the average pensioner, but did benefit the top-earners who enacted the changes, argued Gillis.
And the changes were made without consulting an actuary to understand how they would impact the pension fund, he told the Court of Queen’s Bench.
Argument over articles
Lawyers for the two sides spent the morning arguing over the introduction of newspaper articles and documents as evidence.
The board’s lawyer introduced 38 Telegraph-Journal articles about Ferguson’s allegations about the board.
Ferguson’s lawyer objected to six of them being submitted, but Justice William Grant decided to allow all of them into evidence.
Gillis then introduced several other articles, including a recent editorial cartoon that questioned what kind of reputation the board has to protect when it’s overseeing a pension plan with a deficit that has now ballooned to $190 million.
The lawsuit, which dates back about five years, is unfolding as the city tries to cut spending to deal with the pension fund deficit.
The judge and jury trial resumes Thursday at the Provincial Building on Charlotte Street.
Beckett is expected to be on the stand most of the day.
The trial is scheduled to last six weeks.
In addition to Beckett, the plaintiffs include:
- police representative Andrew Belyea
- inside worker representative Bill Buckley
- the late Kevin Estabrooks, a city retiree
- former outside worker representative David Gould
- former mayor Norm McFarlane
- city solicitor John Nugent
- firefighter representative Fred Slipp
- former city councillor and retired fire chief Glen Tait
- city councillor Chris Titus
- former city manager Terry Totten
- deputy city manager Patrick Woods
- The city's commissioner of finance Greg Yeomans.
Share Tools
Latest New Brunswick News Headlines
- N.B. firefighters warned of lawsuit threat
- Firefighters need more protection against legal action, according to a former chief in New Brunswick. more »
- Armed robbery at Saint John gas bar
- There was an armed robbery at a Saint John, N.B., gas station Friday night. more »
- Cataractes advance to Memorial Cup final by beating Sea Dogs
- Yannick Veilleux broke a tie at 13:14 of the third period as the host Shawinigan Cataractes upset the defending champion Saint John Sea Dogs 7-4 in the semifinal of the Mastercard Memorial Cup on Friday night. more »
- 4 arrests in Elsipogtog drug trafficking case
- Four people are facing charges in connection with a two-month long investigation into prescription drug trafficking on Elsipogtog First Nation. more »
Top News Headlines
- Canadian Pacific strikers face back-to-work legislation
- Labour Minister Lisa Raitt is prepared to end the Canadian Pacific Railway strike if necessary, after both CP and the union rejected a proposal for voluntary arbitration by the government-appointed negotiator on Sunday. Raitt says she is "extremely disappointed." more »
- Syrian regime denies role in Houla massacre
- The UN Security Council condemned the Syrian regime at an emergency meeting Sunday, holding president Bashar al-Assad's military responsible for the massacre of more than 100 people, dozens of whom were children younger than 10 years old. more »
- Ryder Hesjedal wins prestigious Giro d'Italia
- Victoria native Ryder Hesjedal has become the first Canadian to win one of the cycling world's three Grand Tour events, wrapping up the 2012 Giro d'Italia with an excellent performance in the final stage in Milan. more »
- Neighbour may have helped find missing kids in Mexico
- Two Winnipeg children who had been missing for nearly four years were found in Mexico after a man raised concerns about his neighbour, according to a private investigator. more »
- 'Suspicious' fire destroys former school in Marysville
- Woman robs store in Tracadie-Sheila
- Armed robbery at Saint John gas bar
- 'Wolf' killed in N.B. may be 1st in a century
- N.B. firefighters warned of lawsuit threat
- 4 arrests in Elsipogtog drug trafficking case
- Bullied Saint John boy given full-time attendant
- Maritimers mark anti-racism day
- E. coli outbreak linked to Jungle Jim's restaurant

