Brewers Retail Pension Plan

A Proposed Settlement in the Brewers Retail Inc. Class Proceeding

A settlement has been reached in the Brewers Retail Inc. (“BRI”) Salaried Pension Plan Class Proceeding (“the Class Proceeding”).

The Class Proceeding addresses a dispute arising from the validity of, interpretation of, and administration of amendments to the BRI Pension Plan about the indexing of Plan pensions, starting in 1974, and recent proposed amendments by BRI to the indexing provisions.

You may have been affected by those issues, and you therefore may be eligible to benefit from the proposed settlement of the Class Proceeding (“Class Members”) if:

• You were employed by BRI at any time between January 1, 1974 and December 31, 2009, and you were entitled to receive benefits from the BRI Pension Plan, and you did not receive an indexed pension; or
• You are the beneficiary of such an employee, if deceased.

The Settlement Agreement is a proposed compromise between the Class and BRI (“the Settlement”) which is going to be filed by the parties with the Ontario Superior Court of Justice, (“the Court”) for approval. Under the Settlement, if it is approved by the Court, Class Members will receive a fixed annual adjustment of 0.9% per year on pension benefits paid in or after 2016 for pre-2010 service. Different groups of Class Members will be affected differently, as set out in the Settlement Agreement.

The Settlement Agreement, and the legal fees claimed by the lawyers for the Class (“Class Counsel”) will be considered for approval by the Court on June 17, 2024 (“the Hearing”).

If you are a Class Member and agree with the proposed Settlement and fees, you do not need to participate in the Hearing – if the Settlement is approved, you may be eligible for benefits under its terms.

If you are a Class Member and you wish to object to the Settlement or the legal fees, you may file a Form from this website to do so.  You will still participate in the Settlement if it is approved.

If you do not wish to be a Class Member, you may file a Form from this website to “opt out”, in which case you will not be eligible to receive certain benefits from the Settlement, if approved.

Further information is available at the Long Form Notice on this website.

Key Dates for Settlement Approval

• May 3, 2024: Deadline to submit an Opt Out Form, or to submit an Objection Form
• June 17, 2024: Settlement Approval Hearing by the Court

Documents Included on this Web-Site

• The Class Proceeding Application
• The Settlement Agreement
• The Court Order for Conditional Certification of the Application
• The Short Form Notice of the Settlement Approval Hearing on June 17, 2024
• The Long Form Notice of the Settlement Approval Hearing on June 17, 2024
• Blank Objection Form
• Blank Opt-out Form

For any questions, contact Class Counsel by email at info@kaplanlaw.ca or by telephone at (416) 565-4656.