Friday, December 6, 2002
Class action suit for partner benefits approved by Canadian judge
A story released today by the Associated Press reports that an Ontario, Canada judge ruled that a nationwide class-action lawsuit can proceed on behalf of homosexuals denied survivor pension benefits from the government after their partners died.
Ontario Superior Court Justice Maurice Cullity said a 2,000-member British Columbia class-action lawsuit can join a similar lawsuit representing about 8,000 people across the country.
Quebec is the only province not represented in the lawsuit because it operates a separate pension plan.
The lawsuit launched in Toronto last year alleges discrimination against same-sex couples by denying benefits to homosexuals whose partners died before Jan. 1, 1998.
The federal government imposed the 1998 cutoff date in legislation granting various rights to same-sex couples in 2000. The suit seeks benefits retroactive to April 17, 1985, when equality guarantees were included in the Canadian Charter of Rights and Freedoms.
