Employment Benefits — Ontario Employment Law

Re 1242939 B.C. Unlimited Liability Company et al (formerly Hudson's Bay Company ULC et al)

A 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.

B. v. Callidus Capital Corporation

Appeal Dismissed: $1.8M Unpaid Benefits Award Upheld

An executive sued for constructive dismissal and unpaid benefits. A motion judge found he voluntarily retired rather than being constructively dismissed, but awarded him approximately $1.8 million for vacation pay, deferred bonuses, and stock options on summary judgment. The Court of Appeal dismissed the employer's appeal, rejecting its just cause defence and upholding the motion judge's decision.

S. v. Stahle Construction Inc.

LTD Eligibility: Construction Supervisor Appeal Dismissed

This is an appeal from a trial decision regarding the respondent's eligibility for long-term disability benefits under a group benefits plan. The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the respondent was disabled under the 'own occupation' definition and crediting his testimony and clinical records over contrary indications. The court also addressed procedural issues regarding the scope of remittal and the standard of review for mixed findings of fact and law.

Brewers Retail v. C.

A legal dispute concerning the survival of pension plans under collective agreements, interpreted in light of the Pension Benefits Act.

S. v. Stahle Construction Inc.

Plaintiff Found Eligible for Long-Term Disability Benefits

The plaintiff took temporary medical leave due to a hernia condition, during which the employer terminated his benefits without requesting supporting medical documentation. The plaintiff sued, alleging this prevented him from applying for long-term disability benefits. The court found the plaintiff met the definition of disability and was eligible for benefits, inferring negligence by the employer for its lack of action.

S. v. Stahle Construction Inc.

S. v. Stahle: LTD Eligibility & Evidence

This is an appeal to the Court of Appeal for Ontario regarding the interpretation of an employee benefits plan and the admissibility of evidence in a long-term disability claim. The court addressed whether the trial judge erred in interpreting eligibility requirements for long-term disability benefits under the Mercon Booklet and in excluding the Great West Life insurance policy due to non-disclosure.

S. v. Diamond Estates Wines & Spirits Ltd. et. al.

This case involves a dispute over employment benefits, specifically concerning the calculation or entitlement of benefits over a period of weeks. The court addressed whether benefits were incorrectly calculated or maintained, providing clarification on the applicable standards.

S. v Coca-Cola Bottling Company

Settlement Agreement Scope: Employment Benefits Release

This is a costs ruling following a successful motion by an employee to enforce a settlement agreement limited to short-term disability benefits. The court rejected the employer's argument that the release extended to all future claims, including group health and pension benefits, finding no evidence of a global settlement. The plaintiff was awarded costs.

S. v. Sara Lee of Canada NS ULC

Pension Surplus Class Action Certification

This is a certification motion for a proposed class action regarding the distribution of surplus funds in a defined benefit pension plan. The court granted certification for settlement purposes, addressing issues of improper payments from plan surplus and the allocation of remaining funds to plan members upon wind-up.

Re Amcor Packaging Canada, Inc.

Pension Plan Rectification: Mistaken Amendment

This is a merits decision regarding the equitable remedy of rectification for a mistaken amendment to a defined benefit pension plan. The court addressed whether rectification applies to unilateral trust documents and clarified that the single civil standard of proof (balance of probabilities) applies, granting rectification to align the plan with the employer's original intention.

D.J.B. v. Corporation of Haldimand County

Retiree Sick Leave Credits & Severance Agreement Dispute

This case addresses whether a former employee was entitled to payment for accumulated sick leave credits under the employer's Policy Manual and severance agreements following municipal amalgamation. The court examined the interpretation of employment policies, the scope of general releases executed by the plaintiff, and whether the claim was statute-barred under the Limitations Act, 2002.

G. v. Bank of Nova Scotia

LTD Benefits: Limitation Period Dismissal

This is an appeal from a summary judgment ruling concerning an action for long-term disability benefits under an employee benefit plan. The Court of Appeal upheld the dismissal of the action, finding that the claim was commenced 11 years after the denial and was therefore barred by the two-year limitation period prescribed in the plan.

O. v. General Motors of Canada Limited

GM Retirees: Class Action Certification on Benefits

This is a certification motion in a class action lawsuit brought on behalf of salaried retirees and executives against General Motors of Canada Limited. The plaintiffs challenged amendments to post-retirement benefit plans, alleging breach of contract, unjust enrichment, and negligent misrepresentation. The court granted certification, finding the action met the conditions under the Class Proceedings Act, 1992, and that a class proceeding was the preferable procedure to resolve common issues.

Nortel Networks Corporation (Re)

Nortel CCAA: Leave to Appeal Dismissed on HWT Distribution

This is a motion for leave to appeal in CCAA proceedings concerning the distribution of funds from a Health and Welfare Trust (HWT) to employees. The Court of Appeal for Ontario dismissed the motion for leave to appeal, finding that the appeal did not raise a serious and arguable issue of real and significant interest and would unduly hinder the restructuring process.

Ontario Hospital Association v. S.

Class Proceeding: Demutualization Proceeds Settlement

This is a settlement approval motion in a class proceeding involving a dispute over the distribution of demutualization proceeds from group insurance policies contributed to by unionized and non-unionized employees. The court evaluated whether the proposed settlement, which included premium holidays and cash payments, was fair, reasonable, and in the best interests of the class members under the Class Proceedings Act, 1992. The application for certification for settlement purposes was granted, and the distribution method was approved as efficient, equitable, and tax-effective.

M. and G. v. Canada Mortgage and Housing

Pension Class Action: Certification Appeal

This is an appeal from a certification decision in a class action concerning the partial termination of a pension plan and ownership of pension fund surplus. The Divisional Court reviewed the certification judge's refusal to certify certain common issues, finding that individual issues overwhelmed commonality and that the court lacked jurisdiction to order partial termination directly.

Nortel Networks Corporation (Re)

Nortel CCAA: Employee Benefits Settlement Approval

This is an interlocutory ruling in a CCAA insolvency proceeding concerning the approval of a settlement agreement affecting employee benefits. The court addressed whether the settlement was fair and reasonable, the adequacy of the notice process given urgency, and whether objections from a minority of employees (10%) should block the agreement supported by the majority.

Nortel Networks Corporation (Re)

Nortel CCAA: Employee Benefits & Third-Party Releases

This is a procedural ruling regarding the approval of a settlement agreement in the context of Nortel Networks Corporation's restructuring under the CCAA. The court addressed whether it had jurisdiction to approve third-party releases and priority claims, specifically concerning employee benefits and pension plans, and evaluated the fairness of the notice and representation processes.

S. v. Hudson's Bay Company

Pension Surplus Dispute: S. v. Hudson's Bay

This is a legal dispute concerning the distribution of surplus funds within a pension plan between the employer and the employees. The case addresses the legal rights and entitlements regarding pension plan surpluses under the relevant pension legislation.

H. v. The Trust Company of the Bank of Montreal

Pension Benefits: Rectification & Estoppel Appeal

An appeal concerning the entitlement to enhanced supplementary pension benefits and a 36-month pension credit following the sale of a business. The Court of Appeal upheld the trial judge's decision, applying principles of rectification, promissory estoppel, and trust law to enforce the mutual intention of the parties regarding the employee's pension entitlements.