Professional Institute of the Public Service of Canada v. Canada (Attorney General)
Leave granted May 5, 2010

Public service pensions – Pension surplus – Government employer either declaring contribution holiday or directing pension surplus funds to Consolidated Revenue Fund –Whether a government employer owes a fiduciary duty to plan members in respect of the contributions they are statutorily required to make for pension purposes in circumstances where: (i) the government is not subject to pension oversight legislation; (ii) the matter of pensions is not subject to collective bargaining; and (iii) the use of surplus causes the employees' contribution rates to significantly increase – Whether a constructive trust should be ordered where a government employer enriches itself (in paying down its debt) by using the surplus to the detriment of its employees (in causing their contribution rates substantially to increase) whose contributions are responsible for a significant portion of the surplus – Whether a government employer can extinguish or expropriate through legislation the plan members' legal or equitable interest in the surplus