P. v. Bank of Canada
Pension Plan Breach of Trust: Class Action Strike
Appeal history
- Appeal from: P. v. Bank of Canada, 2006 CanLII 5458 (ON SC)
Summary
This is a procedural ruling on a motion to strike in a proposed class action concerning an employee pension plan. The plaintiffs alleged breach of contract and breach of trust by the Bank of Canada for extracting funds from the plan to cover administrative costs. The court determined that direct distribution of funds to class members was an unsustainable remedy, as restitution to the pension plan was the appropriate remedy to restore beneficiaries to their original position.
Outcome
claim for direct payments struck out
Key Factors
- breach of contract
- breach of trust
- pension plan administration
- class proceedings
- remedies
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. 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.