Ontario Severance

Kerry (Canada) Inc. v. DCA Employees Pension Committee

2007 ONCA 605 (CanLII)Court of Appeal for OntarioDecided

Kerry (Canada) Inc. v. DCA Employees Pension Committee

Summary

This is a costs judgment following an appeal to the Court of Appeal regarding a pension dispute between Kerry (Canada) Inc. and the DCA Employees Pension Committee. The Court of Appeal previously allowed Kerry's appeal and dismissed the Committee's cross-appeal. The Court decided that the Committee must pay Kerry's costs of the appeals, as the litigation was adversarial rather than for the proper administration of the pension trust. Costs of $45,000 for the Divisional Court appeals and $40,000 for the Court of Appeal proceedings were awarded against the Committee.

Outcome

costs awarded

Award

$85,000 in costs ($45,000 for Divisional Court, $40,000 for Court of Appeal)

Key Factors

  • pension trust litigation costs
  • adversarial versus administrative litigation
  • costs from trust fund
  • usual civil litigation costs rules

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More Ontario employment decisions from 2007

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.