Class Proceedings In The Pension And Benefits Context
Mondaq Business Briefing › Canada Law Articles in English (2007)
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Class Proceedings In The Pension And Benefits Context
This paper was prepared for the Western Canadian Forum on Pension Law, Litigation and Governance held on May 16 & 17, 2007 in Calgary, Alberta. The writers wish to acknowledge the very capable assistance of Jordan Schultz, Articled Student of Fraser Milner Casgrain LLP in writing this paper.
INTRODUCTIONA class action "is a procedural mechanism to provide an efficient means to achieve redress for widespread harm or injury by allowing one or more persons to bring the action on behalf of the many."1 When that definition is considered, it is clear why individuals with pension and benefit claims will view the class proceeding as a particularly effective and efficient means by which to pursue their claim.In British Columbia, class proceedings legislation2 was introduced on August 1, 1995. Class proceedings legislation was subsequently introduced in Saskatchewan on January 1, 2002; in Manitoba on July 25, 2002; and in Alberta on April 11, 2004. Since class proceedings legislation has been available for a relatively short period of time in Western Canada, it is not known how effective this process will be for the resolution of pension and benefits claims. However, in light of the success that has been achieved in the use of class proceedings legislation to advance group claims generally, it is likely that class proceedings will continue to be increasingly viewed as a preferred way in which to advance claims by groups of individuals.The introduction of class proceedings legislation comes at a time when the courts have increasingly expanded the nature of the duties and obligations, employers, pension plan administrators and others who are involved in pensions. Pension plan administration and the governance of pension plans will be the subject of scrutiny and possible class proceedings by those who wish to challenge decisions for their validity and correctness. In the pas...See the full content of this document
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