St. Marys Paper Inc. (Re)
Trustee Liability for Pension Obligations
Summary
This case addresses whether a trustee in bankruptcy, who rehired employees of a bankrupt company, is liable for the company's unfunded pension liabilities under the Pension Benefits Act. The court determined that the trustee was deemed an 'employer' under the Act and that statutory obligations regarding pension contributions could not be avoided by contractual disclaimers in re-engagement letters.
Outcome
Trustee deemed an employer and liable for pension obligations; disclaimer ineffective
Key Factors
- Pension Benefits Act
- Trustee in bankruptcy
- Statutory interpretation of employer
- Unfunded pension liabilities
- Disclaimer of liability
Related Cases
Maestra v. Blue Line Distribution Limited et al.
2026 ONSC 4784 (CanLII) · 2026-08-18Employment Case: Default Judgment & Simplified Procedure
This is a procedural motion in an employment-related action concerning default judgment, simplified procedure jurisdiction, and venue. The court adjourned multiple motions without prejudice due to issues with service on dissolved corporations, the monetary cap for simplified procedure, and the admissibility of hearsay evidence to prove unliquidated damages.
Geopro Consulting Ltd v. Nyland
2026 ONSC 1517 (CanLII) · 2026-03-12Absolute Privilege in Professional Complaints
This is a procedural ruling on a Rule 21 motion to strike a statement of claim. The court determined that communications made to the Professional Geoscientists Ontario were absolutely privileged and that the action constituted an abuse of process, leading to the dismissal of the claim.
Van Drunen v. Canadian Nuclear Laboratories
2026 ONSC 1035 (CanLII) · 2026-03-03This is a procedural ruling in an employment dispute concerning motions for particulars and discovery. The court addressed whether defendants were entitled to full particulars after delivering a defence and whether specific documents (DEI Survey and Ombudsperson Report) were discoverable, ultimately dismissing the motions to strike and for a protective order.
Re 1242939 B.C. Unlimited Liability Company et al (formerly Hudson's Bay Company ULC et al)
2026 ONSC 898 (CanLII) · 2026-02-13A procedural ruling in a CCAA insolvency proceeding concerning the approval of a settlement term sheet and third-party releases affecting employees, specifically addressing the characterization of hardship payments for Extended LTD recipients and the granting of a sealing order to protect their confidential information.
Athanasiou v. King
2025 ONSC 5689 (CanLII) · 2025-10-28Vicarious Liability for Employee Defamation
This is a procedural motion to strike claims in a tort action involving vicarious liability for employees' defamatory social media posts. The court addressed whether the brokerages owed a duty of care, were vicariously liable for the agents' conduct, and whether punitive damages could be awarded vicariously. The claim for punitive damages against the brokerages was struck as having no reasonable prospect of success.
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.