Re King Seagrave Ltd. and Canada Permanent Trust Co. et al.

1985 CanLII 2078 (ON SC)Decided Employment standards

Pension Surplus Dispute: Employer's Claim to Surplus Funds Dismissed

Summary

A dispute over the entitlement to surplus funds in a discontinued pension plan, where the employer sought a declaration that the surplus should revert to them. The court ruled that the surplus must be distributed to plan members under statutory and plan terms, rejecting the employer's claim.

Outcome

Employer’s claim dismissed as surplus governed by statutory provisions and plan terms

Key Factors

  • Pension plans
  • Surplus funds
  • Pension Benefits Act
  • Resulting trust
  • Statutory interpretation

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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.