Pensions — Ontario Employment Law

M. v Canada (Attorney General)

Employer Duty of Care in Pension Admin

This is an interlocutory motion regarding a Rule 21.01(1)(a) application to determine legal questions concerning the employer's duty of care and fiduciary duty in providing pension-related information. The court addressed whether such legal determinations could be made at the interlocutory stage given that material facts regarding the alleged misrepresentations and the existence of a fiduciary relationship were disputed.

Grant Forest Products Inc. (Re)

This is an interlocutory appeal concerning the procedural fairness of allowing employee and retiree representatives to intervene in CCAA restructuring proceedings. The Court of Appeal for Ontario granted permission for intervention to ensure the unique perspectives of pension stakeholders were represented, subject to restrictions on submissions and costs.

Ontario Nurses’ Association v. Rouge Valley Health System

This is a judicial review of a labour arbitrator's decision regarding the jurisdiction to hear grievances about pension contributions under a collective agreement. The Divisional Court reviewed whether the arbitrator's finding that pension disputes fell outside the collective agreement was reasonable.

S. v. Healthcare of Ontario Pension Plan

A legal dispute concerning public service pensions.

S. v. Hudson's Bay Company

Pension Surplus Ownership on Plan Termination

This is an appeal to the Court of Appeal from a trial judge's decision in a class action about surplus pension funds. The plaintiffs were retirees and members of a defined benefit pension plan. The trial judge found that the pension plan's surplus belonged to the plan members, not the employer (Hudson's Bay Company), because the plan assets were impressed with an exclusive benefit trust. The Court of Appeal dismissed the employer's cross-appeal, affirming the trial judge's conclusion that the employer is not a beneficiary of the trust and has no right to the surplus funds on plan termination.

W. v. CBC

A labour law case concerning the jurisdiction of the Court to certify a class proceeding related to pension surplus settlements under the Class Proceedings Act, 1992.

C. v. Ontario Public Service Employees Union

A labour law dispute involving the Ontario Public Service Employees Union concerning entitlements to vacation pay and pensions within the public sector.

Nortel Networks Corporation (Re)

Nortel CCAA: Employee Representative Counsel Appointment

This is a procedural motion regarding the appointment of representative counsel for employees during Nortel Networks Corporation's CCAA proceedings. The court addressed whether a single law firm could adequately represent the diverse interests of continuing employees, including claims for transitional retirement allowances and bonuses, and dismissed a motion to appoint co-counsel.

M. v. Canada Mortgage and Housing Corporation

CMHC Pension Surplus Class Action

A class action lawsuit involving employees of the Canada Mortgage and Housing Corporation concerning the distribution of pension surplus. The case addresses procedural and substantive issues related to labour law and pension entitlements.

B. v. Hudson's Bay Company

B. v. Hudson's Bay Company - Pension Surplus

This was an appeal to the Court of Appeal from a trial decision regarding pension plan surplus and expenses. The plaintiffs were representative transferred employees who alleged the employer committed a breach of trust by transferring pension assets without an actuarial surplus when selling a business division, and improperly paid pension plan expenses from the fund. The trial judge found a breach of trust regarding the surplus transfer but allowed the payment of plan expenses. The Court of Appeal allowed the employer's appeal and dismissed the plaintiffs' cross-appeal, finding that the plan members had no entitlement to the surplus under the plan text and the trust agreements, and that the employer was permitted to pay expenses from the fund.

CSL Equity Investments Limited v. V.

A class action proceeding concerning pension rights or disputes, categorized under labour and employment law.

Ivaco Inc., Re

Ivaco Inc. (Re) - Priority of Pension Deemed Trusts

This is an appeal to the Court of Appeal from orders made by a judge supervising Companies' Creditors Arrangement Act (CCAA) proceedings. The dispute was between employees and retirees in non-union pension plans claiming unpaid contributions under a deemed trust, and financial creditors seeking to petition the insolvent companies into bankruptcy. The motions judge dismissed the Superintendent's motion for immediate payment or segregation of the deemed trust amounts and lifted the CCAA stay to allow the bankruptcy petitions to proceed. The Court of Appeal dismissed the appeal, holding that the motions judge did not err in law or in the exercise of his discretion.

CBS Pictures Canada Inc. v. D.

Pension Plan Discrimination in Employment Case

A case involving a pension plan condition that is alleged to be discriminatory in the employment context.

Workers' Compensation Board v. L.

Pension Benefits Act Protects Death Benefits from Execution

This is an appeal to the Court of Appeal from an order extending a private equitable receivership over a deceased employee's pension death benefits. The employee defrauded his employer, the Workers' Compensation Board, of over $1.1 million and was dismissed for cause. The employer obtained a default judgment and an order appointing a receiver over his future pension benefits, but the employee died before retiring, triggering a death benefit payable to his designated beneficiaries. The motion judge amended the original order to allow the receiver to collect the death benefits. The Court of Appeal allowed the appeal, finding that the Pension Benefits Act exempts pension benefits from execution and that the designated beneficiaries had a contingent equitable right to the death benefits.

P. v. Bank of Canada

A procedural ruling in a case involving pension rights, where the court addressed a motion to strike out pleadings and declared that the action could not be brought as a class proceeding.

Graphicshoppe Ltd., Re

Bankruptcy: Employees' Pension Trust Claims

This is an appeal to the Court of Appeal from a judge's decision concerning whether employees could recover unremitted pension contributions from a bankrupt employer's bank account. The employer had commingled the employees' pension contributions with its own funds, and the account balance temporarily fell below zero before bankruptcy. The judge below allowed the employees to recover their funds, but the Court of Appeal allowed the bankruptcy trustee's appeal. The court found that once the account reached a negative balance, the trust funds were completely dissipated and could no longer be traced, upholding the disallowance of the employees' claim.

C. v. Board of Trustees of the Hospitals of Ontario Pension Plan

Pension Dispute: Extension of Limitations Period

A case involving a pension dispute with the Hospitals of Ontario Pension Plan, focusing on the extension of the limitations period.

H. v. Ontario (Municipal Employees Retirement Board)

A legal action involving a claim of negligent misrepresentation against a public authority regarding pension benefits. The action was for breach of fiduciary duty and negligent misrepresentation against a pension board for failing to warn resigning employees about an upcoming benefit enhancement.

M. v. Owens Corning Canada Inc.

A legal dispute concerning the distribution or handling of a surplus within a pension plan.

Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services)

Monsanto Canada Inc. Pension Surplus Distribution Decision

This is an appeal to the Court of Appeal from a decision of the Divisional Court regarding the partial wind up of a pension plan. The employer, Monsanto Canada Inc., sought to partially wind up its defined benefit pension plan without distributing the actuarial surplus to the affected members. The Divisional Court decided that section 70(6) of the Pension Benefits Act requires the distribution of surplus to affected members on a partial wind up, setting aside the Financial Services Tribunal's majority decision. The Court of Appeal dismissed the appeal, holding that the Divisional Court correctly applied the reasonableness standard and that the employer's interpretation of the Act was unreasonable.