Andrew Steven Astritis

This is a proposed class proceeding concerning pension transfers from the Ontario public service to the federal public service.

The parties negotiated an agreement to certify the action for settlement purposes.

This order approves the proposed communication and notice plan for class members and fixes a date for the certification and settlement approval motion, ensuring class members are informed of their options.

This appeal considered whether actuarial surpluses recorded in federal public-sector superannuation accounts were assets in which plan members held legal or equitable interests.

The Court held the accounts were statutory accounting records tracking Consolidated Revenue Fund transactions, not segregated asset pools.

It rejected claims based on proprietary entitlement, fiduciary duty, unjust enrichment, constructive trust, and alleged expropriation.

The Court further held the statutory amendments authorized debiting surplus amounts and did not require compensation.

The appeal was dismissed with costs.

This administrative law appeal concerned judicial review of a staffing tribunal decision rejecting an abuse-of-authority complaint under federal public service staffing legislation.

The Court held that the tribunal reasonably concluded there was no legal requirement to use a particular appointment process based on whether a position was new or reclassified.

It further held the reviewing court improperly assessed a different theory than the one advanced in the complaint and impermissibly reweighed the record on judicial review.

The appeal was allowed, with the tribunal decision restored.