Lacey et al. v. Weyerhaeuser Co., 2013 BCCA 252

JudgeLow, MacKenzie and Harris, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateMay 28, 2013
JurisdictionBritish Columbia
Citations2013 BCCA 252;(2013), 338 B.C.A.C. 264 (CA)

Lacey v. Weyerhaeuser Co. (2013), 338 B.C.A.C. 264 (CA);

    577 W.A.C. 264

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. JN.006

Lorne K. Lacey, Kenneth James Miller, Raymond Morris, George E. Plant, and Mary Jane Walker (respondents/plaintiffs) v. Weyerhaeuser Company Limited (appellant/defendant)

(CA039826; 2013 BCCA 252)

Indexed As: Lacey et al. v. Weyerhaeuser Co.

British Columbia Court of Appeal

Low, MacKenzie and Harris, JJ.A.

May 28, 2013.

Summary:

The defendant employer appealed an order of Saunders, J., awarding damages to the five plaintiffs/respondents for breach of contract, and providing additional remedies. See [2012] B.C.T.C. Uned. 353. The central issue was whether an employer acted lawfully by unilaterally reducing its contribution to the cost of medical benefits provided to its retired, salaried employees; or whether it was contractually bound to maintain its contribution to the cost of the benefits from the date of retirement for the lifetime of the survivor of each retiree and his or her spouse.

The British Columbia Court of Appeal allowed the appeal in part, holding that no declaratory relief should have been granted on the state of the pleadings at trial (only damages had been sought). Further, the respondents were only five of a much larger number of affected retirees and certification of a class action was pending. The court otherwise dismissed the appeal.

Master and Servant - Topic 1942

Remuneration - Pension or retirement benefits - Contractual basis - See paragraphs 1 to 74.

Master and Servant - Topic 1945

Remuneration - Pension or retirement benefits - Entitlement - Vesting - See paragraphs 68 to 74.

Master and Servant - Topic 1946

Remuneration - Pension or retirement benefits - Variation, amendment or rectification of plan - See paragraphs 1 to 85.

Practice - Topic 1458

Pleadings - Statement of claim - Necessity of claiming damages or relief - See paragraphs 75 to 84.

Practice - Topic 5667.3

Judgments and orders - Declaratory judgments - Bars - Certification of class action pending - See paragraph 83.

Cases Noticed:

Sloan v. Union Oil Company of Canada Ltd., [1955] 4 D.L.R. 664, appld. [para. 38].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 2002 SCC 33, refd to. [para. 39].

269893 Alberta Ltd. v. Otter Bay Developments Ltd. et al. (2009), 266 B.C.A.C. 98; 449 W.A.C. 98; 2009 BCCA 37, refd to. [para. 40].

Bennett v. British Columbia (2012), 318 B.C.A.C. 153; 541 W.A.C. 153; 2012 BCCA 115, refd to. [para. 43].

Carlill v. Carbolic Smoke Ball Co., [1893] 1 Q.B. 256, refd to. [para. 46].

Bennett v. British Columbia, [2009] B.C.T.C. Uned. 1358; 2009 BCSC 1358, refd to. [para. 57].

Dayco (Canada) Ltd. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada), [1993] 2 S.C.R. 230; 152 N.R. 1; 63 O.A.C. 1; 102 D.L.R.(4th) 609, refd to. [para. 71].

Authors and Works Noticed:

England, Geoff, Christie, Innis, and Christie, Merran, Employment Law in Canada (3rd Ed. 1998) (Looseleaf), pp. 7.61, 7.62 [para. 64].

Counsel:

R.A. Skolrood and L.L. Bevan, for the appellant;

J.D. Rogers, Q.C., A.D. Merritt, and L.D. Sworn, for the respondent.

This appeal was heard at Vancouver, B.C., on October 29 and 30, 2012, by Low, MacKenzie and Harris, JJ.A., of the British Columbia Court of Appeal. Low, J.A., delivered the following reasons for judgment for the court on May 28, 2013.

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16 practice notes
  • Introduction
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • L’étape Du Recouvrement en Matière de Recours Collectif : Les Enjeux et Les Objectifs Sociaux
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • Canadian Privacy Class Actions at the Crossroads
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • The Rise of Personal Health Information Class Actions
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
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8 cases
  • O'Neill v. General Motors of Canada Ltd., [2013] O.T.C. Uned. 4654 (SC)
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 17, 2013
    ...8. Lacey v. Weyerhaeuser Company Limited , 2012 BCSC 353, [2012] B.C.J. No. 481 at paras. 5 and 104, and cases cited therein, aff'd 2013 BCCA 252, [2013] B.C.J. No. 1083. 9. The earliest example of a benefit document containing an ROR clause is dated 1968. 10. Dayco Ltd. v. National Automob......
  • Aubrey v. Teck Highland Valley Copper Partnership, 2017 BCCA 144
    • Canada
    • Court of Appeal (British Columbia)
    • April 4, 2017
    ...This issue concerns contract formation (rather than interpretation), which is a question of fact: Lacey v. Weyerhaeuser Company Limited, 2013 BCCA 252 at para. 40. Questions of fact are reviewable only for palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33 at paras. 1, 5, 10, ......
  • Greenlees v. Starline Windows Ltd., 2018 BCSC 1457
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 29, 2018
    ...contracts” requiring flexibility and the liberal use of implied terms to operate successfully; see Lacey v Weyerhauser Company Limited, 2013 BCCA 252, (at para. 64), quoting Geoff England, Innis Christie & Merran Christie, Employment Law in Canada, 3d ed., looseleaf (Toronto: Butterwort......
  • Sowden v. Manulife Canada Ltd., 2015 BCSC 629
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 22, 2015
    ...so, on the details of the additional payment is not a bar to the plaintiff's recovery. In Lacey v. Weyerhaeuser Company Limited , 2013 BCCA 252 at para. 64, the Court of Appeal said: ...the judge correctly instructed himself that the requirement of certainty in contract law is relaxed ......
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1 firm's commentaries
  • Case Brief: On Reduction Of Employer Contributions To Retirees’ Medical Benefits
    • Canada
    • Mondaq Canada
    • October 31, 2014
    ...of Canada denied an employer's application for leave to appeal the BC Court of Appeal decision in Lacey v. Weyerhaeuser Company Limited, 2013 BCCA 252. That decision had awarded damages to 5 retirees for reductions made by the employer to its contribution to the cost of their medical Norton......
7 books & journal articles
  • Introduction
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • L’étape Du Recouvrement en Matière de Recours Collectif : Les Enjeux et Les Objectifs Sociaux
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • Canadian Privacy Class Actions at the Crossroads
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • The Rise of Personal Health Information Class Actions
    • Canada
    • Irwin Books The Canadian Class Action Review No. 11-1, October 2015
    • October 1, 2015
    ...but that overtime was an implicit term in the contract by analogy with or “informed” by the CLC. 17 Lacey v Weyerhaeuser Company Limited, 2013 BCCA 252, on appeal from 2012 BCSC 353, leave to appeal to SCC refused, [2013] SCCA No 329; O’Neill v General Motors of Canada, 2013 ONSC 4654. For ......
  • Request a trial to view additional results

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