By Order dated July 30, 2009, the Ontario Superior Court of Justice (Commercial List) appointed a representative, Susan Kennedy, to act on behalf of all Disabled Employees of Nortel, (subject to certain exceptions, including those who are represented by Unifor, formerly CAW. To view the Representation Order, please click here.
The Canadian Nortel Employees on Long-Term Disability ("CNELTD") committee was formed shortly after the Representation Order was made. For more information on the CNELTD, please send an email to SteeringCommittee@cneltd.info.
Representative Counsel regularly sends mailing to former employees who were in receipt of disability income.
The most recent report was mailed on April 7, 2015 and can be viewed here.
To see the past mailings, please see the News Release & Reports tab at the following link.
Please also refer to the main page link to keep up to date with the Latest Developments on issues including the Allocations Litigation, the Pension wind-up and other general issues.
Health and Welfare Distribution – December 2013
On November 19th, 2013, the Ontario Superior Court of Justice approved the final HWT distribution to Participating Beneficiaries, including LTD members. The distribution brought the total distribution for LTD members to 38% of entitlements.
As previously reported, in an Advance Income Tax Ruling dated July 19, 2011, the Canada Revenue Agency held that LTD Basic Life and LTD Optional Life and Pensioner Life were taxable in addition to some other benefits paid from the HWT. At the request of the Court-appointed Representatives, Koskie Minsky is challenging the correctness in law of this Advance Tax Rulings through test case appeals to be heard by the Tax Court of Canada.
Koskie Minsky sent out packages in December 2013 to all those individuals who received a payment from the HWT for LTD Basic Life, LTD Optional Life and Pensioner Life during 2012.
The appeals have now been filed together with an agreed statement of facts. As this matter has not yet been decided by the Court, we will be considering in the next few weeks whether individuals who received payments from the HWT in 2013 will need to fill out a form. We will advise as soon as possible.
Further information is provided in the Disabled Employees Progress Report accessible here.
On July 27, 2012 the Court approved the expansion of the scope of Nortel’s Hardship Fund to include Nortel LTD Beneficiaries, including those who are receiving CPP-Disability or the Quebec Equivalent.
On March 11, 2015, the Ontario Superior Court of Justice (Commercial List) approved an increase to the maximum a former employee (including LTD’s) can apply to receive from the Hardship Fund. For further information on the increased maximum please click here.
Payments from the Hardship Fund are treated as an advance on future distributions from the Nortel estate, so any amount awarded will be deducted from the recipient's ultimate Compensation Claim recovery from the Nortel estate.
If you are in a position of immediate financial hardship, you may request a payment from the Fund by completing a Hardship Payment Application. Koskie Minsky can help you complete this form. This will be a private and confidential process, and you will not be required to share your personal information with anyone other than the Monitor, who is responsible for assessing your application, and your Representative Counsel.
For more information regarding the Hardship Fund, please see the Hardship tab, which can be accessed at the following link.