O'Neill v. General Motors of Canada Ltd., [2013] O.T.C. Uned. 4654 (SC)
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | Belobaba, J. |
| Citation | [2013] O.T.C. Uned. 4654 (SC),[2013] O.T.C. Uned. 4654,2013 ONSC 4654 |
| Subject Matter | INSURANCE,EMPLOYMENT LAW,CONTRACTS,PRACTICE,DAMAGES |
| Date | 17 July 2013 |
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20 practice notes
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Introduction
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
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L’étape Du Recouvrement en Matière de Recours Collectif : Les Enjeux et Les Objectifs Sociaux
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
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Canadian Privacy Class Actions at the Crossroads
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
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The Rise of Personal Health Information Class Actions
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
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5 cases
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Austin v. Bell Canada, 2020 ONCA 142
...is regularly applied to resolve ambiguities in pension documents in favour of pensioners: see O’Neill v. General Motors of Canada Ltd., 2013 ONSC 4654, 6 C.C.P.B. (2nd) 257, at paras. 21-2. [32] In our view, the Plan is not ambiguous and, for the reasons above, the appellant’s interpretatio......
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Galea v. Wal-Mart Canada Corp., 2017 ONSC 245
...recently in Wood v. Fred Deeley Imports Ltd. are reflected in the trial reasons of this court in O’Neill v. General Motors of Canada, 2013 ONSC 4654. In O’Neill, the court held that employment contracts hold a “special place” in the constellation of contracts, and must be interpreted with t......
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Austin v Bell Canada,
...or capable of more than one reasonable interpretation shall be interpreted against its drafter”: O’Neill v General Motors of Canada, 2013 ONSC 4654, para 69. They also invoke the inherent vulnerability of the class members engaged in employment litigation against their employer, and submit ......
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Watt v. Health Sciences, [2015] B.C.T.C. Uned. 1290
...their contractual argument against HSA: Lacey v. Weyerhaeuser Company Limited , 2013 BCCA 252 and O'Neill v. General Motors of Canada , 2013 ONSC 4654. [91] Lacey involved the reduction of employer contributions to the cost of medical benefits provided to retired employees. At trial, the Co......
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8 firm's commentaries
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Employers Permitted To Reduce Retiree Benefits After Retirement
...that the employer has reserved the right to do so in its communications with employees (O'Neill v. General Motors of Canada, 2013 ONSC 4654). In 2007, General Motors began to unilaterally reduce health coverage and life insurance for retired employees. In the O'Neill v General Motors class ......
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ONeill v. General Motors: Court Rules That Retiree Benefits May Be Reduced
...Justice ruled last week that retiree benefits may be changed even after an employee retires: O'Neill v. General Motors of Canada Limited, 2013 ONSC 4654. In other words, an employee's right to retiree benefits does not irrevocably vest in the employee upon retirement. Nor does the right to ......
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Who Needs 'Reservations'? Court Rules On Employers Ability To Reduce Who Needs Reservations
...for current employees and retirees can be changed. A recent decision of the Ontario Superior Court, O'Neill v. General Motors of Canada, 2013 ONSC 4654, provides significant guidance to employers on this In the face of severe economic pressures facing its business, the employer, General Mot......
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Who Needs “Reservations”? Court Rules On Employer’s Ability To Reduce Retiree Benefits
...for current employees and retirees can be changed. A recent decision of the Ontario Superior Court, O’Neill v. General Motors of Canada, 2013 ONSC 4654, provides significant guidance to employers on this In the face of severe economic pressures facing its business, the employer, General Mot......
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7 books & journal articles
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Introduction
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
-
L’étape Du Recouvrement en Matière de Recours Collectif : Les Enjeux et Les Objectifs Sociaux
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
-
Canadian Privacy Class Actions at the Crossroads
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
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The Rise of Personal Health Information Class Actions
...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 more discussion of these cases, see Peter S Spiro, “Informal Employment Contracts and the Battle over Retirement Benefits” (2014) [unpubli......
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