Canadian Broadcasting Corporation (CBC)
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 directing the CBC to return three-tenths (30%) of the 2002 Surplus to the Plan and administer the 2002 Surplus, and all subsequent available Surpluses, in accordance with the Surplus Allocation Agreement, or in the alternative, damages on behalf of the class members.
Don Waterston, former President of the CBC Pensioners’ National Association is the Representative Plaintiff in the action. This action was certified as a class proceeding by Order of the Ontario Superior Court of Justice March 10, 2006.
The class of persons this action represents is detailed in the Certification Order, below. Generally, it is comprised of persons who were in receipt of an annuity or pension from the CBC under the CBC Pension Plan on December 31, 2002 and/or on December 31, 2005.
April 29, 2011
We are pleased to advise class members that the appeal, which had been scheduled for May 4, 2011, has been withdrawn by the Appellants. Accordingly, the settlement approval order issued by the Superior Court of Justice on October 25, 2010 is final.
April 18, 2011
The hearing of the appeal of the Syndicat des communications de Radio Canada in this matter is scheduled to take place on May 4, 2011, before the Court of Appeal for Ontario at Osgoode Hall, 130 Queen Street West, Toronto.
February 14, 2011
The decision of the Honourable Madam Justice Pollak, approving this settlement, and rejecting the motions brought by the Syndicat des communications de Radio Canada and two Class members, is being appealed to the Ontario Court of Appeal. Class members will be advised of the status of this appeal as it proceeds.
October 25, 2010
We are pleased to advise that the Court has approved the settlement of this matter, and dismissed the application for a stay to this proceeding brought by the Syndicat des communications to Radio Canada. To view a copy of the reasons for decision, click on the documents link to the right of this page.
August 3, 2010
The Plaintiff’s motion for settlement approval, as well as the motion to intervene by the Societe des communications de Radio-Canada was completed on July 27th and 28th. The Honourable Madam Justice Pollak reserved her decision.
We will advise Class members of the outcome of the motion through an update to this website when a decision is released.
July 26, 2010
The motion for settlement approval will continue on July 27 and 28, 2010 at the courthouse at 361 University Avenue in Toronto, Room 4-10.
July 9, 2010
The motion for settlement approval in this matter proceeded on June 3 and 4, 2010. The Court requested further submissions, and the parties are to re-attend before the Court for a continuation of the motion on July 27 and 28, 2010.
June 2, 2010
Class members are advised that the motion on June 3 and 4, 2010, will be proceeding in Courtroom 804 at 393 University Avenue, Toronto, Ontario, at 10:00 a.m.
April 5, 2010
The continuation of the motion for settlement approval, previously scheduled for April 7 and April 8, has been adjourned to June 3 and 4, 2010.
March 2, 2010
The parties attended before the Honourable Madam Justice Andra Pollak to conclude the motion for settlement approval, as well as various motions brought by the Syndicat des communications de Radio Canada on February 22 and 23, 2010. The hearing was adjourned by the Court, and the motions will resume on April 7 and 8, 2010, at 10:00 a.m. Further information regarding the location of the motions will be communicated through this website when it becomes available.
February 19, 2010
We have been advised by the Court that the hearing on February 22, 2010 will take place at 393 University Avenue, Toronto, Ontario, in Courtroom Number 804, at 10:00 a.m.
December 23, 2009
The Settlement Approval Hearing in this matter will proceed on February 22nd and 23rd, 2010.
December 15, 2009
On December 11, 2009, the parties appeared before the Honourable Mr. Justice Cullity to seek the Court’s approval of the proposed settlement of this matter. At the request of the Syndicat des communications de Radio-Canada (“S.C.R.C”), the settlement approval hearing was adjourned to a date to be determined, to allow the S.C.R.C. to bring a motion for leave to intervene in this proceeding. We will advise Class members of the date this matter will proceed before the Court as soon as this information becomes available. A copy of Justice Cullity’s endorsement granting this adjournment can be accessed through the Documents link to the right of this page.
November 10, 2009
The parties have reached a tentative settlement of this action. In furtherance of the proposed settlement, the parties attended before the Superior Court of Justice for Ontario on October 27, 2009, and obtained an order amending the class definition in this proceeding, such that the Class now includes deferred vested members of the Plan as well as all former members of the Plan between December 31, 2005 and the present.
New class members will have until December 7, 2009, to opt out of this proceeding.
A settlement approval hearing in this matter will proceed before the Court on December 11, 2009
July 10, 2006
The deadline to opt out of this class proceeding expired.
March 10, 2006
This action was certified as a class proceeding by Order dated March 10, 2006.
- April 29, 2011
- October 25, 2010 Reasons for Decision dated October 25, 2010
- December 11, 2009 Endorsement of Justice Cullity, dated December 11, 2009
- November 10, 2009 Memorandum of Agreement Made as of 22nd day of May, 2009
- November 10, 2009 Protocole D'Entente Intervenu en date du 22 mai 2009
- March 31, 2006 Amended Statement of Claim dated March 31, 2006
- March 10, 2006 Certification Order dated March 10, 2006
FAQSWhat 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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