I think I have a slight clue about how this liability thing works. The Federal Court of Appeal upholds the Federal Court decision on the constitutionality of the mandatory retirement exemption. It finds that the Federal Court was correct, it is unconstitutional. It issues the declaration that the Federal Court failed to issue for procedural reasons. The Tribunal will then be bound in law to find liability for all of the pilot complaints before it. The liability hearings for the 150 or so will take about one minute each, and the Tribunal will move directly to a remedy hearing for each.sepia wrote:Do you have even the slightest clue as to how liability works in a case like this? Call it shameless or whatever you like, but there's a zero percent chance that ACPA members are going to have a special assessment and have to pay for this.
It will then ask, "How much would these pilots have been paid had they not been wrongfully terminated?" It will find that out for each individual complainant, subtract the amount that he received in pension, then make a small deduction for any cases of failure to mitigate. It will come up with a dollar figure (around $150,000 per pilot, say, based on Air Canada's own testimony, but bearing in mind that the time frame is much longer now for these pilots than it was for Vilven and Kelly), multiply that times the number of pilots, then divide by 2, for the joint liability.
Yes, that's my clue as to how it will work, assuming that the Federal Court of Appeal doesn't find reason to upset the the Federal Court decision of the judge that used to be the head of the CHRT.
Zero chance? Does ACPA have $10 million in the bank? If not, where will it get the funds to pay its share, other than by a special assessment? Don’t forget that it already hiked the dues percentage, citing the increased cost of recent litigation, and that was just for the lawyer’s fees, not the damages.
May I make a suggestion? Keep flying airplanes, and stay out of the securities markets. You are going to need to preserve your cash.