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

• Judge: Low, MacKenzie and Harris, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 28, 2013
• Jurisdiction: British Columbia
• Citations: 2013 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.