Doctor defends disability pensions in defamation suit

A Saint John family doctor who served as an adviser to the citys pension board denies allegations that some city employees were improperly placed on disability pensions.

But Dr. Michael Keating did acknowledge under cross examination Thursday that a police officer who had filed a human rights complaint against the city in 1998, alleging racial intolerance in the workplace, and was subsequently granted disability, likely could have worked elsewhere.

Keating was testifying in the pension boards defamation lawsuit against former city councillor John Ferguson.

Ferguson has alleged that some city employees were placed on disability pensions simply because they couldnt get along with their supervisors.

Defence lawyer Rod Gillis suggested to the Court of Queens Bench that the police officer in question, whose identity is protected by a publication ban, got the disability pension to settle the human rights complaint.

Keating acknowledged the officers "total and permanent disability," was related to the police department.

The court heard during previous testimony that the definition of disability changed under the Income Tax Act in 1994 to specify that a person could only qualify as disabled if they were unable to do any job, not just their own job.

Keating, who reviewed disability claims for the pension board between 1992 and 2003, has been criticized by Ferguson and was the subject of an earlier review by pension board for the high number of approved claims. He told the court most of the disability claims were an easy call, but said some were on the margins.

Keating was called before the pension board in 1998 for a "heated" discussion over another case he approved, the jury heard.

Nine months later, he was back in front of the board explaining why he had denied and subsequently approved disability for a police officer.

In that case, the officer had suffered psychological trouble and refused to wear a gun, said Keating.

He initially denied disability. He thought the officer could do a desk job, he said.

But then-police chief Butch Cogswell refused to accept that, insisting all officers had to wear a gun, said Keating. So the disability was approved.

Keating testified that the public criticisms he has faced have been difficult for his family. But he said he is unconcerned because he acted in good faith.

MLA Glen Tait, who is the city's former fire chief, a former city councillor and pension board member, and current pensioner, is testifying Thursday afternoon.

Six weeks have been set asideto hear the trial. It began on Feb. 13.