Reichhold Ltd. v. Wong

2000 CanLII 22338 (ON SC)Decided Employment standards

Pension Surplus Distribution: Employees Transferred to Successor Plan Not Entitled to Surplus

Summary

A case involving the transfer of employees to a successor employer's pension plan and whether they are entitled to share in the surplus distribution of the original employer's pension plan. The court ruled that transferred employees are not entitled to the surplus if assets and liabilities were properly transferred to the successor plan, under the Pension Benefits Act.

Outcome

No entitlement to surplus distribution where assets and liabilities were properly transferred to successor plan

Key Factors

  • pension plans
  • surplus distribution
  • transfer of assets
  • Pension Benefits Act
  • fiduciary duty

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.