Canada Life Assurance Company (SERP)
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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 Canada Life Assurance Company (“Canada Life”) and the current Trustees of the Canada Life Canadian Supplemental Pension Plan (the “SERP”) improperly implemented a partial wind-up of the SERP. It is alleged that the Defendants were not permitted to wind-up the SERP, and, in any event, did not properly implement the partial wind-up and pay the correct entitlements to the Class Members. The action alleges that the class members were underpaid in the distribution of the SERP and seeks damages for payment of the correct amount of their benefits.
This action was certified as a class proceeding by order of the Honourable Mr. Justice Cullity. The class of persons this action represents is set out in the Certification Order, below. Generally, the class is comprised of all persons, wherever resident, who are former employees of Canada Life, and who were included in the partial wind-up of the SERP as of January 31, 2005, and their estates and beneficiaries.
Koskie Minsky LLP represents the Plaintiff in this matter.
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Latest Developments
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June 3, 2015
The appeal period concerning the settlement approval order expired on June 1. The settlement of this action is now final and payments to class members must be made within 90 days of June 1. Payments will be mailed directly to class members.
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May 1, 2015
The settlement and fee request of Class Counsel was approved today by The Honourable Justice Belobaba. To ready a copy of the endorsement of Justice Belobaba, click here.
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April 24, 2015
The factum of Canada Life on the settlement approval motion can be read by clicking here.
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April 23, 2015
Objections to the settlement have been filed with the court. To read a copy of the affidavit of Jody Brown, containing one objection to the settlement, click here.
- April 22, 2015
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April 15, 2015
The motion record of the plaintiff on the fee approval and settlement approval motions is available here. The motion will both be heard on May 1, 2015 in Toronto.
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February 5, 2015
This class action has now settled. The settlement must still be approved by the court. A hearing about whether the settlement should be approved will be heard on May 1, 2015, in Toronto, at 10 am at Osgoode Hall. Class members will also be mailed a notice describing the settlement. Click here to read the order setting the hearing date and notice to the class. To read a copy of the Settlement Agreement click here.
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December 8, 2014
Justice Conway has approved a timetable to trial in this action. This action will now be set down for trial. To read a copy of Justice Conway’s order and timetable, click here.
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July 23, 2013
The continued examination for discovery of Allen Loney, pursuant to the Order of Justice Conway dated March 21, 2013, has been completed.
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May 14, 2013
Canada Life was unsuccessful in seeking leave to appeal the decision of Justice Conway. The decision of Justice Conway upheld certain refusals of the plaintiff made at discovery. To read a copy of the decision denying leave to appeal, click here.
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April 2, 2013
Canada Life has sought leave to appeal the decision of Justice Conway on the refusals motion. To read a copy of the leave to appeal notice, please click here.
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March 22, 2013
Justice Conway has released reasons in respect of the Motion of Canada Life against the plaintiff, wherein Canada Life sought financial information from class members. Canada Life was not successful and Justice Conway dismissed their motion. You can read the reasons of Justice Conway here.
Justice Conway has also released reasons in respect of the motion of the plaintiff to compel certain answers from questions the Trustee defendants refused to answers at discovery examinations. The plaintiff was successful in respect of 60 questions out of a total of 70 questions at issue. You can read the reasons of Justice Conway here.
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March 4, 2013
The hearing regarding Canada Life’s request for certain class member information will continue on March 13, 2013, in conjunction with the hearing to determine whether the Trustees must answer questions refused at discovery.
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January 15, 2013
The plaintiff in this action has brought a motion to compel answers to questions refused at the examinations for discovery of Canada Life and the Trustees. The plaintiff has also brought a motion to seek unredacted copies of documents produced by Canada Life. To read a copy of the Notice of Motion of the plaintiff, click here. Canada Life has also brought a motion seeking information from class members, the plaintiff is resisting this motion. To read a copy of Canada Life’s Notice of Motion, click here. The motions will be heard February 20th and March 13th in Toronto.
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October 12, 2012
The examination for discovery of the Trustee Defendants will be proceeding on October 17th-18th, 2012.
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February 17, 2012
Oral discoveries (examinations) of a representative of Canada Life and the representative Plaintiff were completed the week of February 13, 2012. Discoveries of the trustee Defendants must still be conducted and a date is currently not fixed for these examinations.
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February 7, 2012
Oral discoveries (examinations) of the Defendants and the representative Plaintiff will take place the week of February 13, 2012.
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December 1, 2011
Oral discoveries (examinations) of the defendants is anticipated to take place beginning February 13, 2012.
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November 3, 2011
The Defendant has partially produced their documentary productions, oral discoveries will be conducted once full production is made.
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July 18, 2011
The parties are exchanging documentary productions prior to oral discoveries.
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March 21, 2011
The parties are engaged in a mediation process to determine if the action may be resolved. In light of this, a new timetable has been approved and can be viewed here.
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December 30, 2010
On December 16, 2010, the parties attended a Case Conference with the case management judge and the litigation timetable was amended.
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September 16, 2010
The parties are engaging in settlement discussions. Should a resolution not be reached, the parties will attend before the Case Management judge to obtain a revised litigation timetable.
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July 27, 2009
Notice to the Class and an opt-out procedure were approved by the Court. Class members wishing to opt-out of the class proceeding must forward the designated “Opt-Out Form” by September 30, 2009 as detailed in the Notice to the Class, available on the website.
L’Avis au groupe ainsi que la procédure de retrait ont été approuvés par la Cour, en version anglaise. Les membres du groupe désireux de se retirer du recours collectif doivent envoyer le « Formulaire de retrait » désigné, avant le 30 septembre 2009, tel qu’il est indiqué dans « l’Avis de certification d’un recours collectif » disponible sur ce site web.
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May 11, 2009
The action was certified as a class proceeding by Order of the Honourable Mr. Justice Cullity of the Ontario Superior Court of Justice. A timetable was reached for the remaining steps to the common issues trial.
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January 13, 2009
The Honourable Mr. Justice Cullity issued Reasons for the certification of this action as a class proceeding. The certification motion was heard on December 18, 2008.
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June 3, 2015
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News Releases and Reports
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Documents
- May 1, 2015 Endorsement dated May 1, 2015
- April 24, 2015 Factum of the Canada Life Assurance Company (Settlement Approval Motion)
- April 23, 2015 Affidavit of Jody Brown
- April 22, 2015 Factum of Class Counsel - Settlement Approval Motion and Fee Approval Motion (Returnable May 1, 2015)
- April 15, 2015 Motion Record of the Plaintiffs (Settlement Approval Motion and Fee Approval Motion)
- February 19, 2015 Settlement Agreement
- February 5, 2015 Order dated February 5, 2015
- March 4, 2014 Order dated March 4, 2014
- May 14, 2013 Endorsement dated May 14, 2013
- April 1, 2013 Notice of Motion for Leave to Appeal to the Divisional Court
- March 21, 2013 Endorsement (Plaintiff's Refusals Motions against the Trustees and Canada Life)
- March 21, 2013 Endorsement (Canada Life Refusals Motion)
- January 15, 2013 Notice of Motion (Refusals and Redactions Motion)
- March 21, 2011 Litigation Timetable
- July 27, 2009 Order for Notice to the Class
- June 15, 2009 Statement of Defence of Canada Life
- May 11, 2009 Timetable dated May 11, 2009
- May 11, 2009 Certification Order dated May 11, 2009
- January 13, 2009 Reasons for the Certification Decision of the Honourable Mr. Justice Cullity dated January 13, 2009
- September 27, 2007 Statement of Claim dated September 26, 2007
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
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