MacKinnon v. Ontario Municipal Employees Retirement Board
Pension Maladministration: Costs Awarded from Fund
Summary
This is a procedural ruling on a motion to strike claims in a representative action brought by pension plan members against the Ontario Municipal Employees Retirement Board. The court held that claims for breach of fiduciary duty, knowing receipt, and unjust enrichment had some chance of success and should proceed, allowing the plaintiff to recover motion costs from the pension fund.
Outcome
claims allowed to proceed; costs awarded
Award
Plaintiff entitled to costs of motions on a full indemnity basis, payable from the pension fund
Key Factors
- pension plan administration
- breach of fiduciary duty
- motion to strike
- representative plaintiff
- costs from pension fund
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