Clunk,
These pilots are not newbies off the street so I don't see your comparison. If they had not been illegally forced into retirement against their free will in the first place, ratings and endorsements wouldn't be an issue. How can it possibly be the claiments fault they lost competency?
As I see it, both Air canada and ACPA are responsible for covering all the costs of returning the approximately 150 legal claiments to their previous competency status. This is especially so after the ruling of Aug 2009 since from that time forward Air Canada and ACPA have been giving the finger to the entire group knowing full well this case would end against them eventually.
MTK