News & Events
Martinrea International
July 17, 2014
This is a shareholder class action alleging statutory and common law misrepresentation against Martinrea International Inc. and seven of its senior officers and directors. It alleges the defendants made misleading statements about: i) Martinrea’s net revenue and losses during the class period; ii) Martinrea’s earnings and net income during the class period; ii) Martinrea’s institution
Barrick Gold Corporation
April 24, 2014
The law firms of Koskie Minsky LLP, Sutts, Strosberg LLP, Siskinds LLP and Groia & Company Professional Corporation are counsel in a class action against Barrick Gold Corporation (“Barrick”) and a number of its officers and directors. The claim is on behalf of all persons, other than certain persons associated with the defendants, who acquired Barrick securities during the
Schedule 1 Institutions
April 15, 2014
Koskie Minsky LLP has initiated lawsuits against the Province of Ontario on behalf of survivors of sixteen provincially operated residential institutions for persons with developmental disabilities. The court must still decide whether these lawsuit can become class actions. There will be a court hearing to decide whether class actions can proceed. The institutions that are
Via Rail Train Derailment
February 29, 2012
On the afternoon of February 26, 2012, a VIA Rail train traveling from Niagara Falls derailed near Burlington Ontario. The passengers on-board suffered serious injuries as a result. The law firms of Koskie Minsky LLP, Howie Sacks & Henry LLP, Sutts Strosberg LLP and Falconer Charney LLP are working together to pursue a class action
Catalyst Paper Corporation
February 13, 2012
We represent the Catalyst Salaried Employees and Pensioners group (CSEP), an organization of employees and retirees of Catalyst Paper in the company’s CCAA proceedings. After an initial CCAA Plan of Compromise failed to pass a vote by creditors and resulted in the sale of the company and wind-up of the underfunded salaried pension plan with
Celestica Inc. (2005-2007 Restructuring)
November 2, 2011
This is a shareholder class action alleging that the public filings of Celestica Inc. contained misleading statements about Celestica’s restructuring from January 2005 to January 2007. It alleges the shareholders suffered damages as the shares traded at an inflated price during this time and dropped significantly when Celestica revealed the true state of its restructuring.
Teranet Income Fund and Teranet Holdings Limited Partnership
July 25, 2011
This class proceeding relates to a take-over of Teranet Income Fund and Teranet Holdings Limited Partnership in the Fall of 2008. The plaintiff alleges the acquiring companies, Borealis Infrastructure Management Inc. and Borealis Acquisition Corporation [now Teranet Inc.], wrongly reduced the offer price from $11.00 to $10.25 per unit during the course of the take-over
CIBC and CIBC World Markets Overtime Class Action
January 27, 2011
This class proceeding concerns the misclassification of employees as being ineligible for overtime pay pursuant to the Canada Labour Code (“CLC”) and the Employment Standards Act, 2000 (“ESA”) and the failure to pay those employees the overtime pay they earned. It is alleged that the Defendants, CIBC World Markets Inc. (“CIBCWM”) and the Canadian Imperial
Smith v. Inco Ltd.
August 3, 2010
This class proceeding arises out of alleged environmental contamination in Port Colborne, Ontario. Inco Ltd. operated a nickel refinery that emitted nickel into the environment over the course of 66 years of operation. It is alleged that the nickel contaminated properties in the Port Colborne area and that disclosures to the public of this contamination
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
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
Bell ExpressVu – (DeWolf v. Bell ExpressVu Inc. and Bell ExpressVu L.P.)
April 6, 2010
This class proceeding concerns alleged illegal interest charges in relation to Bell ExpressVu services. When an account goes unpaid for a specified number of days, Bell ExpressVu charges subscribers a fixed late fee together with interest. The Plaintiff alleges that both these charges constitute interest and together exceed the maximum rate permitted by the Criminal
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
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
Sun Life Assurance Deductibility of Child CPP Benefits (Ruffolo v. Sun Life)
September 24, 2009
This class proceeding concerns the appropriateness of offsetting federal disability benefits from private insurance disability payments. The action alleges that the Sun Life Assurance Company of Canada wrongfully offsets the Canada Pension Plan Child Benefit from their insured’s Long Term Disability benefits. The class of persons this action seeks to represent is all persons in
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
Yorkton Securities
August 7, 2009
This class proceeding concerned artifical inflation of securities. The action alleged that a registered broker and investment dealer, Yorkton Securities Inc. and Yorkton Financial Inc. (formerly Yorkton Holdings Limited) (“Yorkton”), and its CEO unlawfully conspired to artificially inflate the market price of shares of Book4Golf. It was alleged that the artificial inflation scheme was perpetrated
Labatt’s Salaried Retiree Benefits
July 29, 2009
This class proceeding concerns improper changes to post-retirement benefits. It is alleged that the Labatt Brewing Company Limited (“Labatt”) and Companhia de Bebidas das Americas (also known as “Ambev”) improperly imposed changes to the Labatt Brewing Company Limited retiree benefit program (the “Retiree Benefit Plan”) by imposing lifetime caps for previously unlimited benefits, and reducing
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
Hepatitis A – Vezina et al. v. Loblaws Companies Ltd. et al.
July 26, 2009
This class proceeding concerned the exposure to and risk of infection from Hepatitis A. In August 2002, an employee of the Loblaws store located at 3671 Dundas St. W., Toronto, Ontario (the “Store”) was diagnosed with Hepatitis A. Toronto Public Health issued a notice and advised people who may have been exposed to the virus
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
TMJ Implants – (Drady v. Canada (Minister of Health) et al.)
July 26, 2009
This class proceeding concerns government liability in relation to the regulation of silastic devices implanted in temporomandibulor jaw joints (TMJ implants) in Canada. The action alleges that Health Canada failed to properly regulate the TMJ implants under the Food and Drugs Act, was negligent, in breach of its fiduciary duty, and violated the Canadian Charter
Breast Implants – (Attis v. Canada (Minister of Health) et al.)
July 26, 2009
This class proceeding concerns government liability in relation to the regulation of silicone breast implants in Canada. The action alleges that Health Canada breached its duty to properly regulate silicone breast implants under the Food and Drugs Act. The Plaintiff alleges that Health Canada had knowledge that the silicone breast implants were unsafe yet it
The T. Eaton Company Ltd
July 26, 2009
Summary of the Proceedings Eaton’s became insolvent in August 1999. Shortly thereafter Justice Farley of the Ontario Superior Court of Justice appointed former employee Carmen Siciliano as the representative of all employees and former employees of Eaton’s, and our firm as the Employees’ Representative Counsel in the insolvency proceedings of Eaton’s. There were approximately 30,000