TRAMTelephone Retirees Association of Manitoba

Unions & Retirees Seek Leave to Appeal to Supreme Court of Canada


April 10, 2012


Subject: Unions & Retirees Seek Leave to Appeal to Supreme Court of Canada


To all TRAM Members;


TEAM, CEP, IBEW and the RETIREES recently received legal advice from their respective lawyers.  Based on that advice, we have unanimously decided to seek leave to appeal the Manitoba Court of Appeal’s decision, reversing the Court of Queen’s Bench’s $100 million monetary award to members of the Defined Benefit Pension Plan, to the Supreme Court of Canada.  The Leave Application was filed and served at 4 PM EDT, April 10, 2012.


A party wishing to be heard by Canada’s highest court must first obtain permission from a panel of three judges of the Supreme Court. Such permission, or leave to appeal, is granted if the panel concludes that the case involves a question of public importance or raises an important issue of law (or a combination of law and fact) that warrants consideration by the Court. The leave to appeal process takes approximately six months.


A brief history of the MTS Defined Benefit pension plan, from inception to the decision of the Manitoba Court of Appeal, can be viewed on our website at and follow the link to 1998 Pension Surplus Lawsuit.  TEAM also has information on their website at:


We will let you know if we are, or not, granted leave as soon as we receive notification (possibly 6 months).

Also, as of today’s date, IBEW, TEAM, CEP, and TRAM have concluded deliberations and reached a consensus on a Legal Services Retainer Agreement with Darcy & Deacon for “Leave” and, if Leave is granted, for the “Appeal” to the Supreme Court of Canada.

Our Legal Advisers will provide a report to the AGM on May 22, 2012.

Hope to see you there.



Ted Scoles,

President  TRAM