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Canada Life Assurance Company
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 including administration costs and investment fees. It is alleged that the Company and the Trustees breached their fiduciary obligations and committed breaches of trust and contract and the action seeks to have the amounts that were paid out of, charged to or reimbursed from the Plan’s fund, either paid to the class members, or returned to the Plan fund.
The class of persons this action seeks to represent is comprised of all persons, wherever resident, who are members, former members and other persons entitled to benefits or payments under the Plan between the date that the Company ceased paying all costs and expenses in connection with the administration of the Plan and the date an order is made certifying this action as a class proceeding.
This action also seeks to represent a sub-class comprised of all persons, wherever resident, who are members, former members and other persons entitled to benefits or payments under the Plan, and who were affected by the partial wind up of the Plan declared as at July 10, 2003 (the “Partial Wind Up Date”), and their estates and beneficiaries.
Si vous souhaitez parler à un agent bilingue, veuillez composer le numéro de notre ligne sans frais 416-977-8353. Si vous préférez poser vos questions par courier électronique notre addresse est canadalifeclass@kmlaw.ca.
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Latest Developments
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July 28, 2016
Good news! At long last the final regulatory approval has been received from the Financial Services Commission of Ontario (FSCO), approving the transfer of assets to the new Canada Life Pension Plan. This paves the way for payments to all those eligible for payments under the surplus sharing agreement approved by the Courts and FSCO. Canada Life counsel have advised us that payments will start to be mailed out in the first week of August, with all cheques expected to be sent by mid-September. For those still employed by Canada Life, the 2 year contribution holiday will commence starting January 2017. If you were an active employee of Canada Life after the partial wind-up date in 2005 and subsequently terminated your employment, a cheque representing the lump sum value of the contribution holiday will be sent to you by mail in early 2017.
We wish to thank the CLPENS Committee for all of their hard work and steadfast resolve to see this settlement through to fruition. It has been a long and complicated battle, but we are pleased to see that their efforts have achieved results for the Canada Life pension plan members and former members.
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March 30, 2016
We are pleased to report that the Financial Services Commission of Ontario has provided its consent to the surplus withdrawal application filed by The Canada Life Assurance Company. In the coming weeks class members will receive a Surplus Statement which sets out the amount they will receive under the settlement, and the default payment option. Class members with surplus shares in excess of $15,000 will be given the option to transfer all or part of their payment to an RRSP, which requires completion of an election form to be returned to Canada Life by no later than June 30, 2016. Subject to approval of the asset transfer application to the New Plan, we anticipate payments to be made to all class members by the end of August, 2016. The contribution holiday for active Plan members will start in January, 2017 and run to December, 2018. Lump sum payments to former active employees who terminated employment will be made in January, 2017.
Questions regarding your Surplus Statement or your pension should be directed to the Canada Life Call Centre at 1-888-252-1847. Questions regarding the class proceeding and the settlement more generally may be directed to us at 1-800-286-2266 or canadalifeclass@kmlaw.ca.
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February 4, 2016
The Financial Services Tribunal (“Tribunal”) released written reasons for decision on a motion put forward by Canada Life to summarily dismiss the Requests for Hearing filed by 10 Plan members, which may be accessed here. The Requests for Hearing were in response to the Notice of Intended Decision (“NOID”) issued by the Superintendent of Financial Services dated July 17, 2015 proposing to approve the Surplus Withdrawal Application submitted by Canada Life. In sum, the Tribunal granted Canada Life’s motion, finding that 2 of the applicants have no status to request a hearing, none of the applicants have met the statutory preconditions to request a hearing, and the Requests for Hearing relate to issues outside the jurisdiction of the Tribunal. No further hearing will take place before the Tribunal. The Superintendent was directed to issue his final order in respect of the NOID.
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October 29, 2015
The Financial Services Tribunal will hold a hearing on December 4 and 7, 2015 to decide a number of preliminary issues. The Notice of Hearing may be accessed here. The preliminary issues arise from the applications for hearing filed by 11 Plan members in response to the Notice of Intended Decision of the Superintendent dated July 17, 2015 to consent to Canada Life’s surplus withdrawal application. The resolution of the preliminary issues will determine whether the substance of the applications will be heard by the Tribunal.
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August 24, 2015
Ten Plan members have sought a hearing before the Financial Service Tribunal (“Tribunal”) regarding the Notice of Intended Decision (“NOID”) issued by the Deputy Superintendent, Pensions of the Financial Services Commission of Ontario (“FSCO”) on July 17, 2015. The NOID gave notice of FSCO’s intent to approve the Surplus Withdrawal Application (“Application”) filed by Canada Life, in furtherance of implementing the court-approved Surplus Sharing Agreement (“SSA”).
The ten Plan members are asking the Tribunal to delay and/or refuse approval of the Application pending the request to FSCO that it confirm that all Plan benefit entitlements have been satisfied; and in particular, that commuted value Plan payments have been properly calculated. It is their position that the commuted values offered by Canada Life were too low. The Superintendent of Pensions has ruled in favour Canada Life’s position that the commuted values have been properly calculated, as required by the Pension Benefits Act.
An application for party status on behalf of the thousands of members that voted in favour of the SSA will be filed by Koskie Minsky LLP.
As a result of the requests for hearing filed, the final steps in implementing the SSA will be delayed by an indeterminate amount of time. Surplus payments under the SSA are conditional on approval of the Application. The process before the Tribunal will involve several steps, the duration of which is unknown. We will continue to report on the Tribunal proceeding as it develops. Information about the Tribunal proceeding may be accessed at the following link:
http://www.fstontario.ca/en/hearings/Pages/p0647-2015.aspx
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July 23, 2015
The Deputy Superintendent of the Financial Services Commission of Ontario (“FSCO”) has issued a Notice dated July 17, 2015 that he intends to make an order consenting to the surplus withdrawal application filed by Canada Life, effective after all payments are made to members under the Surplus Sharing Agreement. This is a significant step in the regulatory process. After 30 days, Canada Life will proceed with the final regulatory step of seeking approval of its asset transfer application. Following approval of the asset transfer, payment of all amounts under the Surplus Sharing Agreement will be made to members. To view a copy of FSCO’s Notice, please click here.
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February 18, 2015
The remaining steps in the implementation of the class action settlement are underway.
The recent filings by Canada Life at FSCO have been prepared by Canada Life and its advisors in accordance with statutory requirements. Canada Life is required to prepare and file these materials in order to obtain the required approvals that will permit the settlement benefits to be paid out to class members.
Some class members have inquired about the Application for Consent to Payment of Surplus to Canada Life. Although Canada Life is formally applying for a payment of surplus, the effect of the amended settlement agreement is to require Canada Life to pay its surplus share to the class members. In addition, Canada Life is also required to pay the additional funds which are necessary to deliver the guaranteed settlement benefit amounts to the class. The filings made by Canada Life reflect its obligations under the court approved settlement.
The Application is a lengthy document with several volumes, and may be viewed at the office of the Financial Services Commission of Ontario. Paper copies of the application, without schedules, can be made available to class members on request.
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January 25, 2015
Canada Life’s application to the Superintendent of Financial Services for consent to the payment of surplus to an employer was filed with the Financial Services Commission of Ontario (“FSCO”) on or about January 9, 2015.
Notice of the application was sent to Koskie Minsky LLP on behalf of all members who retained class counsel in November, 2014. Any partial wind-up member who did not retain class counsel was sent the notice individually. In the Notice members are invited to direct any questions regarding the Notice to either Canada Life or class counsel.
There is no set period for consideration and approval of the surplus withdrawal application by FSCO. The parties are cautiously hopeful that regulatory approval will be obtained in the first half of 2015, followed by payment of surplus shares to class members in the second half of 2015 and the two-year contribution holiday for active members may commence in January 2016.
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December 16, 2014
The settlement of the class proceeding is currently being implemented.
The partial wind up report related to the “Prior Partial Wind Ups,” including Indago, Pelican Foods and Adason, were filed with the Financial Services Commission of Ontario (“FSCO”) in April, 2014, and approved in September, 2014.
The final report on the Updated Financial Positions for the June 30 2005 (i.e. Integration), Indago, Pelican Foods and Adason Partial Wind-ups and the Transfer of Remaining Liabilities of the Indago, Pelican Foods and Adason Partial Wind-ups to the Ongoing Portion of the Plan as at August 31, 2014 was filed with FSCO on November 12, 2014.
On November 21, 2014 Canada Life issued its Notice to members affected by the partial wind-ups regarding its application for surplus withdrawal, as required under s. 78(2) of the Pension Benefits Act. The notice was received by Koskie Minsky LLP on behalf of all members included in a partial wind-up who retained class counsel. Any partial wind-up member who did not retain class counsel was sent the notice individually. In the Notice members are invited to direct any questions regarding the Notice to either Canada Life or class counsel.
The application for surplus withdrawal is anticipated to be submitted to FSCO by Canada Life in early 2015. There is no timeline for consideration and approval of the application by FSCO. The parties are cautiously hopeful that all regulatory approvals will be obtained in 2015 in which case surplus shares may be paid to class members in the second half of 2015 and the two-year contribution holiday for active members may commence in January 2016.
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January 21, 2014
We are pleased to announce that Justice Perell of the Ontario Superior Court of Justice approved the Revised Amendment to the Surplus Sharing Agreement. Justice Perell provided written reasons for his decision, which may be accessed here.
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December 23, 2013
Class Counsel filed a Supplementary Motion Record with an affidavit exhibiting the written objections received from Class Members, which may be accessed here.
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November 6, 2013
A notice was sent by regular letter mail to all members of the Class on November 6, 2013. The Notice describes the proposed terms of settlement (the “Revised Amendment”) and the process for approval of the Revised Amendment in Superior Court. A court hearing to assess the fairness of the Revised Amendment is scheduled for January 10, 2014. A copy of the Notice in English and French may be accessed here. If you wish to review the formal terms of the Revised Amendment, it may be accessed here.
Class counsel will be hosting two webinars to further describe the Revised Amendment and to answer questions from Class members.
The webinars will be held on the following dates and times:
- November 28, 2013 at 5:00 p.m. E.S.T. To access this webinar, please copy and paste this link into your browser:http://bell.media-server.com/m/p/f4ektatu
- December 2, 2013 at 5:00 p.m. E.S.T. To access this webinar, please copy and paste this link into your browser:http://bell.media-server.com/m/p/5ai9uptv
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October 15, 2013
The parties will attend a case conference before Justice Perell on October 22, 2013 at 9:00 a.m. at Osgoode Hall courtroom 4, to set a timetable for the steps leading to and the hearing of the motion to approve an amendment to the Surplus Sharing Agreement in accordance with the proposal detailed in the letter from counsel to Canada Life dated October 7, 2013.
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October 7, 2013
The Plaintiffs, CLPENS Executive, and Class Counsel are pleased to announce that new settlement terms have been reached with Canada Life in order to resolve this litigation after extensive negotiations between the parties in the last four weeks. To view the complete announcement, please click here
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September 30, 2013
On Friday September 27, 2013 the parties were served with court material of the interveners:
- Dan Anderson, an individual unrepresented objector, whose factum and compendium may be accessed here; and
- Patrick Mazurek, on behalf of a group of objectors, whose factum and compendium may be accessed here.
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September 25, 2013
On Monday September 23, 2013 the parties attended before Associate Chief Justice Hoy of the Ontario Court of Appeal. A.C.J.O. Hoy issued an endorsement concerning the intervention and participation of Dan Anderson, an unrepresented individual, in the appeal. A transcription of the endorsement may be found here. A.C.J.O. Hoy also issued an order, on consent of the parties, to permit a group of Objectors to intervene in the appeal through their common counsel, Patrick Mazurek. A copy of the order will be posted when it is available.
The appeal hearing is scheduled to be heard on Wednesday October 9, 2013, at 130 Queen Street West in Toronto, commencing at 10:30 a.m.
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August 27, 2013
The parties attended a case conference before Justice Perell today to advise him of the increase in the net estimated Integration Partial Wind Up Surplus due to the commuted value pension elections of 142 members since August, 2012. Justice Perell issued a brief written statement, which may be viewed here, and includes a typewritten transcription following the handwritten record.
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August 12, 2013
The Plaintiffs have served and filed their written submissions in the Ontario Court of Appeal, which may be accessed here.
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August 11, 2013
Notice: The Senior Legal Officer of the Ontario Court of Appeal has appointed a case management judge to oversee the appeal and has issued a Notice concerning any parties who wish to intervene.
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July 22, 2013
We have been advised by Canada Life that the Integration Partial Wind Up Surplus as at August 31, 2012 has increased from an estimated $2.6 million (net of expenses) to an estimated $11.8 million. When the assets and liabilities of the Integration Partial Wind Up Group were transferred to the ongoing portion of the Canada Life Canadian Employees’ Pension Plan, members who had previously elected to receive an immediate or deferred pension were required by law to be given the option to change their election and elect to transfer the commuted value of their benefits out of the Plan. As a result of 142 additional members electing a commuted value transfer of their pension benefits, the net estimated Integration Partial Wind Up Surplus has increased by $9.1 million.
We will be advising the Court of this change in circumstance, and will update this website for the benefit of the Class as more information and decisions on next steps are available. The appeal hearing on Wednesday October 9, 2013, at 130 Queen Street West in Toronto, commencing at 10:30 a.m. for 3 hours and 30 minutes is still scheduled to proceed.
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July 2, 2013
The parties have received notice from the Court of Appeal for Ontario that the appeal is listed for hearing on Wednesday October 9, 2013, at 130 Queen Street West in Toronto, commencing at 10:30 a.m. for 3 hours and 30 minutes. The Notice of Listing for hearing may be accessed here.
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June 20, 2013
The Representative Plaintiffs are preparing their written material to submit to the Ontario Court of Appeal by the end of July, 2013. The Representative Plaintiffs, supported by the CLPENS Executive, will submit that the decision of Justice Perell in rejecting the Amended Surplus Sharing Agreement (“ASSA”) was not in the best interests of the Class. The ASSA provides greater financial benefit to the Class than the original judgment. In short, the Class is in a worse position under the original judgment than under the ASSA, and this was the best possible negotiated agreement in difficult circumstances.
The Plaintiffs share the disappointment and frustration of the Class about the substantial diminution in Integration Partial Wind Up Surplus (“IPWU Surplus”), and have made inquiries of Canada Life to update the quantum of the IPWU Surplus since the member pension re-elections were offered, and to ensure that IPWU Surplus has been appropriately calculated. Once this information is obtained, we will explore what steps may be taken in the context of the ASSA.
A date for hearing in the Ontario Court of Appeal has not been set yet.
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May 27, 2013
The Representative Plaintiffs were served with the appeal material of the appellant, Canada Life, which consists of several volumes of material that may be accessed under the “Appeal Material” bullet of the Documents Tab on the right margin of this page. Any additional material filed by the parties will be posted in the same place. No date for the hearing of the appeal in the Ontario Court of Appeal has been set yet.
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April 26, 2013
On April 26, 2013, Canada Life served a Notice of Appeal of the Order of Justice Perell dismissing the Plaintiffs’ motion to amend the Surplus Sharing Agreement. A copy of the Notice of Appeal can be viewed under the documents link to the right of this page. We will advise members of the Class of further details regarding the appeal to the Court of Appeal when they become available.
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April 22, 2013
We have been advised by Canada Life that the Integration Partial Wind-Up Surplus as at August 31, 2012 has increased from an estimated $2.6 million to an estimated $10.1 million, net of expenses. When the assets and liabilities of the Integration Partial Wind Up Group were transferred to the ongoing portion of the Canada Life Canadian Employees’ Pension Plan, members who had previously elected to receive an immediate or deferred pension were given the option to change their election and opt to transfer the commuted value of their benefits out of the Plan. As a result of over 100 additional members electing a commuted value transfer of their pension benefits, the net estimated Integration Partial Wind Up Surplus has increased. We are assessing the information regarding this shift in surplus, and will advise Class members as more information and decisions on next steps are available.
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April 4, 2013
NOTICE TO CLASS:
Justice Perell dismissed the motion to vary the judgment in this matter in accordance with the Amended Surplus Sharing Agreement. His Honour’s written reasons for decision may be accessed here.On instruction of the Representative Plaintiffs, Class Counsel has written to Canada Life to propose a final resolution to this matter based on the suggestions put forth by Justice Perell in his written reasons dated March 28, 2013. Specifically, we propose to eliminate the cap on any future surplus distribution, and to postpone the calculation date for any future surplus distribution to members of the Integration Partial Wind Up Group and Deferred Vested/Pensioner Group to December 31, 2017. Class Counsel has also offered to significantly reduce their fee, to be directed solely to the benefit of the Integrated Partial Wind Up Group and Deferred Vested/Pensioner Group, and requested that Canada Life contribute a corresponding amount of its fees.
We believe this proposal is the best alternative to further litigation, including an appeal of Justice Perell’s March 28, 2013 decision; or implementation of the original court-approved settlement but based on a dramatically reduced surplus available for distribution. To preserve the Plaintiff’ rights, however, a motion for leave to appeal will also be filed.
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February 14, 2013
The parties will be bringing a motion in Court to amend the Settlement in accordance with an agreed set of terms on March 18, 2013 at 10 AM at Osgoode Hall, 130 Queen Street West, Toronto, Ontario. At the hearing, the Court will consider any objections to or comments concerning the proposed amendment to the Settlement.
Court approved notices were sent to all members of the Class describing the events since May 2012, as well as notice of next steps. To view copies of the notices, please click on the “documents” link to the right of this page. You may also access a copy of the proposed amendment to the Settlement under the documents tab.
Class members who wish to make objections or comments regarding the proposed amendment to the Settlement may do so in writing, and should be faxed (416-204-2897), emailed (canadalifeclass@kmlaw.ca) or mailed to Koskie Minsky LLP on or before March 11, 2013. Koskie Minsky LLP will ensure that any objections and/or comments received are filed with the Court in advance of the hearing.
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October 23, 2012
To view copies of the four Court approved Notices which were mailed to members of the Class during the week of May 14, 2012, please click on the “Documents” link to the right of this page.
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January 27, 2012
We are pleased to advise that the Surplus Sharing Agreement has been approved by Justice Perell of the Superior Court of Justice this morning.
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November 1, 2011
The motion to approve the settlement of this proceeding has been scheduled for January 27, 2012.
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October 27, 2011
We are pleased to advise that, in reasons issued on October 26, 2011, the Honourable Mr. Justice Perell certified this action as a Class proceeding. A copy of the decision can be accessed under the “Documents” link to the right of this page. The parties are in the process of setting a date for the motion for settlement approval in this matter, and will post this information on this website as soon as possible. We will also post a copy of the certification order to this website as soon as it becomes available.
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October 11, 2011
The motion to certify this action as a class proceeding has been moved from October 12, 2011 to October 18, 2011.
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August 16, 2011
A motion to certify the court action as a class proceeding will be heard on October 12, 2011 in the Ontario Superior Court of Justice.
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July 25, 2011
Over 82% of the members of the Integration Partial Windup Group, have voted in favour of the Settlement Proposal, meeting the required threshold under the Proposal. In addition, in excess of 87% of the Non-Partial Windup Group, measured by liabilities, have voted in favour of the Proposal. In addition, the thresholds for consent for the Indago and Pelican groups have been met.
We are pleased to advise that the Proposal will now proceed to the first step of the implementation phase, which includes 1) a hearing to certify this action as a class proceeding; 2) an “opt out” period; and, 3) a settlement approval hearing. We will be updating this website in the near future to advise affected Plan members of the dates for the next steps in this process.
Members of the Surplus Sharing Group who have not yet voted are encouraged to do so as soon as possible, in order to ensure that they participate in the Proposed Settlement.
Any individuals who wish to confirm that their Decision Form has been received can do so by contacting Koskie Minsky LLP by email to canadalifeclass@kmlaw.ca, or by telephone at 1-800-286-2266.
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June 8, 2011
NOTICE REGARDING PROPOSAL, June 7, 2011
As of June 7, 2011 over 76% of the members of the Surplus Sharing Group have responded to the mail out sent in early March, 2011. The required threshold for consent for the members of the Integration Partial Wind Up Group under the Proposal has been exceeded, with over 80% voting in favour of the Proposal. In addition, the requisite levels of consent for the Pelican and Indago groups have been reached. Approximately 73.5% of the members of the Non Partial Wind Up Group have voted in favour of the Proposal. These figures continue to change daily.
Members of the Surplus Sharing Group who have not yet submitted their Decision Form are encouraged to do so as soon as possible.
Due to the rolling strikes by Canada Post employees, Koskie Minsky LLP will accept Decision Forms by email to canadalifeclass@kmlaw.ca or fax (416) 204-2897, with originals to follow by mail.
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June 3, 2011
NOTICE REGARDING PROPOSAL, June 1, 2011
As of June 1, 2011 over 75% of the members of the Surplus Sharing Group have responded to the mail out sent in early March, 2011. The required threshold for consent for the members of the Integration Partial Wind Up Group under the Proposal has been exceeded, with over 80% voting in favour of the Proposal. With respect to the Prior Partial Wind-up Groups, we have received the requisite consent levels for the Pelican group and the Adason group, and the consent of approximately 73.3% of the Indago group. Approximately 71.7% of the members of the Non Partial Wind Up Group have voted in favour of the Proposal. These figures continue to change daily.
Members of the Surplus Sharing Group who have not yet submitted their Decision Form are encouraged to do so as soon as possible.
In the event of a strike by Canada Post employees, Koskie Minsky LLP will accept Decision Forms by email to canadalifeclass@kmlaw.ca or fax (416) 204-2897, with originals to follow by mail.
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April 11, 2011
We have posted two Notices, one to “Actives” and one to Retirees under the Proposal, to answer some commonly asked questions. Please click here to access these documents.
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March 7, 2011
Plan Members will shortly be receiving an information package setting out the details of a Proposal for the settlement of this class proceeding. The information package includes a detailed description of the Proposal, a recommendation from the Executive Committee of CLPENS, as well as a personal information statement and a Decision Form.
In addition to the material contained in this package, Plan members are invited to attend meetings across the country where they will be provided with an opportunity to ask questions of Canada Life, CLPENS, and their respective advisors regarding the terms of the Proposal. The dates of these meetings are as follows:
– April 4, 2011 – 5:00 p.m. – Toronto (central)
– April 5, 2011, 7:00 p.m. – Vancouver
– April 6, 2011 – 7:00 p.m. – Calgary
– April 7, 2011 – 2:00 p.m. – Regina
– April 7, 2011 – 7:00 p.m. – Regina
– April 11, 2011 – 7:00 p.m. – Toronto (central)
– April 12, 2011 – 7:00 p.m. – Montreal (English)
– April 13, 2011 – 7:00 p.m. – Montreal (French)
– April 13, 2011 – 2:00 p.m. – London
– April 13, 2011 – 7:00 p.m. – London
– April 14, 2011 – 7:00 p.m. – Halifax
– April 20, 2011 – 2:00 p.m. – Toronto (West)
– April 20, 2011 – 7:00 p.m. – Toronto (West)
– April 21, 2011 – 2:00 p.m. – Toronto (East)
– April 21, 2011 – 7:00 p.m. – Toronto (East)
Plan members are encouraged to attend these meetings and review the materials sent to them. Copies of most of the materials can be accessed through the “Documents” link to the right of this page. Plan members can also obtain further information regarding the Proposal by contacting us at 1-800-286-2266, or by email to canadalifeclass@kmlaw.ca.
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February 16, 2011
We are pleased to advise that the settlement negotiations between Canada Life and the Executive Committee of the Canada Life Canadian Pension Plan Members’ Rights Group are now complete, and that Plan members can expect to receive an information package in the mail in the coming weeks setting out details of a proposal for the settlement of this matter. Further details regarding the proposal will be posted to this website at that time.
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April 7, 2010
Negotiations between the Executive Committee of the Canada Life Canadian Pension Plan Members’ Rights Group and Canada Life have been progressing well over the past several months, and the parties are close to finalizing a proposal regarding the surplus in the Plan in order to settle this litigation.
We, along with counsel for Canada Life, have appeared before the judge overseeing the litigation to describe the settlement proposal.
We and Canada Life’s counsel have also met with staff at the Financial Services Commission of Ontario, which regulates pension plans in Ontario including the Canada Life plan, to explain the proposed settlement to them and to discuss the regulatory process that we will need to undertake in order to implement the settlement.
These attendances / meetings have gone well, and we are optimistic that this “up front” work will allow the project to proceed smoothly once the details of the proposed settlement have been finalized by the parties.
Once those details have been finalized, the next step will be the preparation of a detailed information package to be sent to all eligible members, explaining the proposed settlement to them and inviting them to information sessions. At those information sessions, Canada Life and its advisors, along with us and other counsel to the member group, will explain the settlement proposal in more detail and answer any questions those attending may have. Note that we are still in the process of determining in what cities the sessions will be held. Details regarding the sessions will be included in the information package, and when available will also be posted on this website.
Given the amount of work necessary to prepare these detailed information packages, as well as the fact that the entire package must be reviewed by the Court before it is mailed, it is not expected that the packages will be mailed until sometime this fall.
In the coming months, further information regarding the tentative proposal will be released on this website.
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December 1, 2007
Memorandum of Understanding between Executive Committee of the Canada Life Canadian Pension Plan Members’ Rights Group and David Kidd, Alex Harvey and Jean Paul Marentette signed, which creates a framework for a possible resolution of this action.
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July 28, 2016
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News Releases and Reports
- October 2, 2013 ANNOUNCEMENT October 2, 2013
- October 2, 2013 ANNONCE 2 octobre 2013
- December 1, 2007 Announcement of the Executive Committee of the Canada Life Canadian Pension Plan Members’ Rights Group
- December 1, 2007 Annonce du comité exécutif du groupe de défense des droits des membres du régime de retraite de Canada-Life
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Documents
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Jan. 10/14 Settlement Approval Motion
- January 21, 2014 Reasons for Decision dated January 21, 2014
- January 13, 2014 Webinar Questions and Class Member Submission from Patrick Garel
- January 9, 2014 Supplementary Responding Motion Record of Objectors
- January 7, 2014 Factum of Respondent Objectors
- January 7, 2014 Class Member Objector Factum - Dan Anderson (Fairness Hearing January 10, 2014)
- January 6, 2014 Supplementary Responding Motion Record of the Canada Life Assurance Company (Motion Returnable January 10, 2014)
- January 6, 2014 Second Supplementary Motion Record of the Plaintiffs (Motion for Approval of Revised Amendment of SSA, returnable January 10, 2014)
- January 6, 2014 Factum of the Plaintiffs (Motion to Vary Judgment, January 10, 2014)
- January 6, 2014 Book of Authorities of the Plaintiffs Part I of II (Motion for Approval of Revised Amendment of SSA, returnable January 10, 2014)
- January 6, 2014 Book of Authorities of the Plaintiffs Part II of II (Motion for Approval of Revised Amendment of SSA, returnable January 10, 2014)
- January 6, 2014 Factum of the Defendant, The Canada Life Assurance Company (Plaintiffs' Motion Approval of Amendment #3 January 10, 2014)
- December 23, 2013 Supplementary Motion Record of the Plaintiffs (Part III of III)
- December 23, 2013 Supplementary Motion Record of the Plaintiffs (Part II of III)
- December 23, 2013 Supplementary Motion Record of the Plaintiffs (Part I of III)
- November 29, 2013 Motion Record of the Plaintiffs (Motion for Approval of Revised Amendment of SSA, returnable January 10, 2014)
- November 29, 2013 Responding Motion Record of The Canada Life Assurance Company (Motion Returnable January 10, 2014)
- November 7, 2013 Surplus Sharing Agreement (Revised Amendment #3)
- November 7, 2013 Notice to Class Members Concerning the Class Proceeding in respect of the Canada Life Canadian Employees Pension Plan (the Plan)
- November 7, 2013 Avis aux membres du groupe relatif au recours collectifà l'égard du régime de retraite des employés canadiens de Canada-Vie (le « régime »)
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Appeal Materials
- September 27, 2013 Objector-Intervenor Compendium (CompDA)
- September 27, 2013 Objector-Intervenor (DA) Factum
- September 27, 2013 Factum of Objectors/Intervenors
- September 27, 2013 Intervenors Book and Compendium
- September 23, 2013 Endorsement of Justice Hoy
- August 27, 2013 Written Statement from Justice Perell
- August 12, 2013 Factum of the Plaintiffs
- August 9, 2013 Court of Appeal for Ontario - Notice
- June 25, 2013 Letter from the Court of Appeal
- May 27, 2013 Appeal Book & Compendium (Vol I of II) of the Defendant (Appellant) Canada Life
- May 27, 2013 Appeal Book & Compendium (Vol II of II) of the Defendant (Appellant) Canada Life
- May 27, 2013 Factum of the Defendant (Appellant) Canada Life
- May 27, 2013 Exhibit Book (Volume I of III) of the Defendant (Appellant) Canada Life
- May 27, 2013 Exhibit Book (Volume II of III) of the Defendant (Appellant) Canada Life
- May 27, 2013 Exhibit Book (Volume III of III) of the Defendant (Appellant) Canada Life
- April 26, 2013 Notice of Appeal from Canada Life
- Reasons
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Motion to Vary Judgment, March 18, 2013
- March 12, 2013 Supplementary Motion Record of the Plaintiffs
- March 11, 2013 Factum of the Plaintiffs (Motion to Vary Judgment, returnable March 18, 2013)
- March 11, 2013 Plaintiffs' Motion Record, Part 1 of 4
- March 11, 2013 Plaintiffs' Motion Record, Part 2 of 4
- March 11, 2013 Plaintiffs' Motion Record, Part 3 of 4
- March 11, 2013 Plaintiffs' Motion Record, Part 4 of 4
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Notices Regarding Important Information About the Class Proceedings - February 2013
- February 15, 2013 Avis aux membres du groupe touché par la liquidation partielle découlant de l'intégration
- February 15, 2013 Avis aux retraités et aux participants avec droits acquis différés
- February 15, 2013 Avis aux membres du groupe qui sont des employés actifs
- February 14, 2013 Notice to Active Employees Class Members
- February 14, 2013 Notice to Members of the Integration Partial Windup
- February 14, 2013 Notice to Pensioners and Deferred/Vested Members
- February 14, 2013 Notice to Members of Adason, Pelican and Indago Potential Partial Windups
- February 12, 2013 Surplus Sharing Agreement - Amendment #2
- September 27, 2012 Motion
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Notices Regarding Important Information About the Class Proceedings - May 2012
- May 13, 2012 Notice to Members of the Integration Partial Windup
- May 13, 2012 Notice to Pensioners and Deferred/Vested Members
- May 13, 2012 Notice to Members of Adason, Pelican and Indago Potential Partial Windups
- May 13, 2012 Avis aux retraités et aux participants avec droits acquis différés
- May 13, 2012 Avis aux membres du groupe touchés par la liquidation partielle
- May 13, 2012 Avis aux employés actifs
- May 13, 2012 Notice to Active Employees
- Certification Materials
- Financial Services of Ontario's Notice
- Notices Regarding Proposal
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Information Package mailed to all Plan Members March, 2011
- March 30, 2011 Corrected Q&A
- March 7, 2011 A: Your information and Instruction Guide Read this First
- March 7, 2011 A: Votre guide d'information et d'instructions Veulliez lire le present document en premier
- March 7, 2011 B: Letter from Canada Life
- March 7, 2011 B: Lettre de la Canada-Vie
- March 7, 2011 C: Committee Report
- March 7, 2011 C: Rapport du comité
- March 7, 2011 D: A Detailed Description of What You Need to Know
- March 7, 2011 D: Description détaillée de ce que vous devez savoir
- March 7, 2011 G: Sources of Information
- March 7, 2011 G: Sources d'information
- Pleadings
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Jan. 10/14 Settlement Approval Motion
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Contacts
Toll Free Hotline: 416-977-8353
Email: canadalifeclass@kmlaw.ca