News & Events
The Shaw Group Inc. Class Action
September 11, 2013
This action relates to the termination of Shaw Canada employees on August 31, 2012 as a result of the bankruptcies of Shaw Canada L.P., Stone & Webster Canada Holding One (N.S.), ULC (“SWC1”) and Stone & Webster Canada Holding Two, Inc. (“SWC2”). We act for the terminated employees. Our clients allege that The Shaw Group
Canadian Broadcasting Corporation (CBC)
August 3, 2010
This class proceeding concerns the use and allocation of pension surplus from the CBC Pension Plan (the “Plan”). This action alleges that CBC breached the terms of a Surplus Allocation Agreement with Plan members, pursuant to which surplus in the Plan was historically apportioned between CBC, active employees and CBC Pensioners. The action seeks orders
National Trust
July 30, 2010
The National Trust Pension Surplus Member Group (the “Member Group”) is an association of current and former employees and retirees of the National Trust Company (“National Trust”). We are members and former members of the Scotiabank Pension Plan for Former Employees of National Trust Company (the “Plan”). The National Trust Pension Surplus Member Group Committee
Hudson’s Bay Company/The Bay
July 20, 2010
This class proceeding concerns the improper use of surplus funds in a pension plan to pay for administrative expenses and employer contributions to a related defined benefit plan. The claim alleges that the Hudson’s Bay Company Limited (“HBC”), Royal Trust Corporation and Investors Group Trust Co. Ltd. unlawfully diverted surplus assets of the Simpsons Limited
Toronto District School Board Business and Support Employees Paid-Up Pension Plan
July 7, 2010
Koskie Minsky LLP has been retained to represent former members and their beneficiaries in respect of a proposed distribution of surplus from the Toronto District School Board Business and Support Employees Paid-up Pension Plan (the “Plan”). In February of 2005, Koskie Minsky LLP, on behalf of former Plan members, commenced negotiations with the Toronto District
Ontario Hospital Association Demutualization
July 5, 2010
This website has been developed for the exclusive use of non-unionized employees and non-unionized former employees of the Ontario Hospital Association (“OHA”) or a participating employer member as of December 29, 1997. This proposed class proceeding concerns the approval of an agreement to distribute demutualization proceeds to current and former employees of the OHA and
Sunnybrook Pension
June 21, 2010
During November of 2006, certain members of the Sunnybrook Superannuation Plan (the “Plan”) were approached by the Plan Sponsor, Sunnybrook Hospital (“Sunnybrook”) regarding a possible sharing of surplus in the Plan between Sunnybrook and Plan members. A committee, named the Sunnybrook Superannuation Plan Surplus Sharing Committee (the “Committee”) was created with a view to negotiating
Aviva Commercial Union Partial Wind-up
May 31, 2010
Koskie Minsky LLP developed this website for the exclusive use of members and former members of the Commercial Union Staff Pension Plan (“the Plan”) who were affected by the partial wind-up of the Plan effective 1999. Subsequent to the declaration of the partial wind-up of the Plan, certain former members of the Plan retained Koskie
Participating Co-Operatives of Ontario Trusteed Revised Pension Plan
May 27, 2010
This class proceeding concerns the improper management of pension funds and their investments. In 2002, the Financial Services Commission of Ontario issued an internal report that raised serious questions about the Participating Co-operatives of Ontario Trusteed Pension Plan’s (the “Plan”) lack of operational policies and procedures in the area of investment policies and practices, particularly
Royal Oak
May 13, 2010
This matter arose as a result of the insolvency and restructuring of Royal Oak Mines Inc. As part of the restructuring, the federal pension regulator ordered that the Royal Oak Mines Inc. Pension Plan for Yellowknife Salaried Employees (the “Plan) be wound up, and all vested and accrued benefits be paid out. After providing for
Aviva GAI 1999 Partial Wind-up
May 12, 2010
Koskie Minsky LLP developed this website for the exclusive use of members and former members of the General Accident Indemnity Staff Pension Plan (“the Plan”) who were affected by the partial wind-up of the Plan effective 1999. Subsequent to the declaration of the partial wind-up of the Plan, certain former members of the Plan retained
Aviva GAI 1994 Partial Wind-up
May 12, 2010
Koskie Minsky LLP developed this website for the exclusive use of members and former members of the General Accident Indemnity Staff Pension Plan (“the Plan”) who were affected by the partial wind-up of the Plan effective 1994. Subsequent to the declaration of the partial wind-up of the Plan, certain former members of the Plan retained
BCE Pension Surplus
April 20, 2010
This proceeding concerns the ownership of surplus upon partial wind-up of a pension plan. BCE went through a number of sales, divestitures and downsizings in the 1990s which resulted in the termination of a significant number of employees. In connection with these divestitures and downsizings, BCE implemented three partial wind-ups of the Pension Plan. The
Canada Life Assurance Company
April 7, 2010
This class proceeding concerns the allegedly improper withdrawal of pension plan funds to pay for administrative costs and investment fees. The claim alleges that the Canada Life Assurance Company (the “Company”) and the current Trustees of the Canada Life Canadian Employees Pension Plan (the “Plan”) improperly withdrew/applied the Plan’s funds to pay for Plan expenses
Honeywell ASCa Pension
March 12, 2010
This proceeding concerns the ownership of surplus upon the partial wind-up of a pension plan. As a result of the closure of the London, Ontario facilities of Bendix Heavy Vehicle Systems and Garrett Canada in 1992, a partial wind-up of the Allied Signal Canada Inc. Retirement Plan for Salaried Employees (the “Plan”) was declared. The
Business Development Bank of Canada
March 10, 2010
This class proceeding deals with the improper charging of administrative expenses to a pension plan, and the right of retirees to be treated in an even-handed manner in respect of benefits under the plan. The claim alleges that the Business Development Bank of Canada (“BDC”) breached its fiduciary duties by improperly charging administrative expenses to
Seagrams Hourly Pension Plan
March 10, 2010
This proceeding concerns the ownership of surplus upon a wind-up of a pension plan. As a result of the sale of its Seagrams Spirit and Wine Group to Diageo Canada Inc., (“Diageo”) and the transfer of its active employees to Diageo, Vivendi Universal Canada Inc. was ordered to wind up the Vivendi Universal Canada Inc.
Montreal Trust
March 10, 2010
Koskie Minsky LLP represents certain members and former members of the Montreal Trust Pension Plan (2001) (the “Plan”). In February of 2006, an agreement was reached with Montreal Trust to share surplus in the Plan. In brief, the Surplus Sharing Agreement provides for the sharing of the surplus between the Plan member group and Montreal
Bank of Canada Pension Plan
March 10, 2010
This class proceeding concerns the improper charging of administrator expenses to a pension plan. The Claim alleges that the administrator of the Bank of Canada Pension Plan misused approximately $12 Million of the assets of the pension trust since at least 1993, by using these amounts to cover expenses and costs to administer the Plan. The
Canada Life Assurance Company (SERP)
February 17, 2010
The settlement in this class action was approved by the Court on May 1, 2015. It is expected that payments to class members will be distributed within 90 days from June 1, 2015. This class proceeding concerns the alleged improper partial termination and distribution of a pension plan (“partial wind-up”). The action alleges that the
BC Public Services Benefits
December 2, 2009
This class proceeding concerns the rights of retired members of a pension plan to receive the benefits they are entitled to. The action alleges that the British Columbia Provincial Government breached its contractual and fiduciary obligations to members of the British Columbia Sector Pension Plan in October, 2002, when it unilaterally announced that it would
OMERS/Borealis
September 21, 2009
This representative action against the Ontario Municipal Employees Retirement Board, Borealis Capital Corporation, Borealis Real Estate Management Inc., Ian Collier, R. Michael Latimer and Michael Nobrega alleges that the Defendants breached their trust and fiduciary duties owed to the Plaintiffs and all members of the Ontario Municipal Employees Retirement System Pension Plan (the “Plan”) and
Kerry (Canada) Inc. v. DCA Employees Pension Committee
August 11, 2009
This proceeding concerns the right of a pension plan administrator to pay pension plan expenses out of a pension fund, and the right of an employer to use surplus assets in the defined benefit component of a pension plan to fund the employer’s required contributions under a defined contribution component of the pension plan. In
Famous Players Salaries Pension Plan Surplus
July 26, 2009
In June 2006 this class proceeding was certified and Koskie Minsky was appointed to represent the former members of the Retirement Plan for Salaried Employees of Famous Players Limited (the “Plan”). The class proceeding dealt with the question of entitlement to the surplus in the Plan upon wind-up. A surplus sharing settlement agreement was reached
Kidd Creek Mines Pension Class Action
July 26, 2009
In the Kidd Creek Mines Pension Class Action, Koskie Minsky represented some 3200 class members, who had an interest in the Kidd Creek Mines Ltd. Retirement Income Plan for Employees (the “Plan”). The claim alleged that Kidd Creek Mines Ltd. improperly withdrew surplus from the Plan on wind-up, which properly belonged to the class members.
Ormrod v. Toronto Hydro-Electric Systems Ltd.
July 26, 2009
This class proceeding concerned the payment of health and dental benefits to retirees. In 1997, Etobicoke Hydro (now Toronto Hydro) advised retirees that it would no longer be paying its 50% share of premiums for health and dental plans, contrary to its previous employment policy. A settlement of this action was reached between the parties