Superintendent of Pensions (N.B.) v. Blair et al., (2009) 352 N.B.R.(2d) 290 (TD)

• Judge: Clendening, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 23, 2009
• Jurisdiction: New Brunswick
• Citations: (2009), 352 N.B.R.(2d) 290 (TD);2009 NBQB 242

Superintendent v. Blair (2009), 352 N.B.R.(2d) 290 (TD);

    352 R.N.-B.(2e) 290; 907 A.P.R. 290

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Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2009] N.B.R.(2d) TBEd. SE.026

Renvoi temp.: [2009] N.B.R.(2d) TBEd. SE.026

The Superintendent of Pensions (applicant) v. Eileen Blair, James R. Blair, Elizabeth McIntosh, William Clifford Chatterton, Roger A. Christie, Steven P. Hawkes, James Campbell, K. John Bartlett, Patricia Marie Bourgoin, Kelli Lawson, Timothy Lawson, Brian Thornton, Bill Graham, Sharon Johnson, Richard Johnson, Randall W. McCullough, Brian Myles, Jane MacDonald, Duane F. MacDonald and Joyce M. Macdonald (respondents) and New Brunswick Human Rights Commission (respondent)

(F-M-12-09; 2009 NBQB 242; 2009 NBBR 242)

Indexed As: Superintendent of Pensions (N.B.) v. Blair et al.

Répertorié: Superintendent of Pensions (N.B.) v. Blair et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Clendening, J.

September 9, 2009.

Summary:

Résumé:

The complainants were employees of St. Anne Nackawic Pulp Company Ltd. and members of one of two defined benefit pension plans. Around September 15, 2004, St. Anne was petitioned into bankruptcy. The pension plans were ordered to be wound up. The complainants alleged that the Pension Benefits Act (PBA) discriminated against them based on their age (under 55 years). During the relevant time period, s. 50 of Regulation 95-195 of the PBA (the Old Regulation) was determinative of what would occur on wind-up of a defined benefit plan. A Board of Inquiry appointed under the Human Rights Act found that s. 50 of the Old Regulation, combined with the pension plan, adversely affected a defined group based on age discrimination. The Board concluded that the under 55 group was accorded differential treatment which amounted to discrimination. The Board awarded damages of $3,000 to each complainant. The Superintendent of Pensions applied for judicial review, seeking to quash the Board of Inquiry's decision.

The New Brunswick Court of Queen's Bench, Trial Division, concluded that s. 50 of the Old Regulation discriminated against the under 55 group. However, the court held that the damages award was unreasonable and that portion of the Board's decision was quashed.

Civil Rights - Topic 994

Discrimination - Employment - Age - General - The complainants were employees of St. Anne Nackawic Pulp Company Ltd. and members of one of two defined benefit pension plans - St. Anne was petitioned into bankruptcy - The pension plans were ordered to be wound up - The complainants alleged that the Pension Benefits Act (PBA) discriminated against them based on their age (under 55) - During the relevant time period, s. 50 of Regulation 95-195 of the PBA (the Old Regulation) was determinative of what would occur on wind-up of a defined benefit plan - The complainants, although eligible for a deferred pension, were not eligible to receive a pension on winding up of the plan, because their own plan defined eligibility to be age 55 and to be vested - A Board of Inquiry appointed under the Human Rights Act found that s. 50 of the Old Regulation, combined with the pension plan, adversely affected a defined group based on age discrimination - The Board concluded that the under 55 group was accorded differential treatment which amounted to discrimination - The Superintendent of Pensions applied for judicial review - The New Brunswick Court of Queen's Bench, Trial Division, held that as the Board did not conduct the contextual analysis in Law (S.C.C.) to determine whether a distinction made on an enumerated or analogous ground was discriminatory, the court would review the necessary criterion - The court concluded that s. 50 of the Old Regulation drew a formal distinction between the under 55 and over 55 group, that the differential treatment was based solely on age because of the application of the Old Regulation and the pension scheme, and that the differential treatment discriminated against the under 55 group by withholding a pension benefit which promoted the view that the over 55 group were more deserving, or that the under 55 group was more likely to find other employment - See paragraphs 22 to 38.

Civil Rights - Topic 999.5

Discrimination - Employment - Pension benefits - [See Civil Rights - Topic 994 ].

Civil Rights - Topic 1164

Discrimination - Remedies - Damages - The complainants were employees of St. Anne Nackawic Pulp Company Ltd. and members of one of two defined benefit pension plans - St. Anne was petitioned into bankruptcy - The pension plans were ordered to be wound up - The complainants alleged that the Pension Benefits Act (PBA) discriminated against them based on their age (under 55) - During the relevant time period, s. 50 of Regulation 95-195 of the PBA (the Old Regulation) was determinative of what would occur on wind-up of a defined benefit plan - A Board of Inquiry appointed under the Human Rights Act found that s. 50 of the Old Regulation, combined with the pension plan, adversely affected a defined group based on age discrimination - The Board concluded that the under 55 group was accorded differential treatment which amounted to discrimination - The Superintendent of Pensions applied for judicial review - The New Brunswick Court of Queen's Bench, Trial Division, concluded that s. 50 of the Old Regulation discriminated against the under 55 group - However, the court held that the Board's award of damages of $3,000 to each complainant was unreasonable and that portion of the Board's decision was quashed - To provide damages for such discrimination there had to be some overt conduct that was clearly wrong, in bad faith or an abuse of power - The Board made no such findings and, on the evidence, there was no such impugned conduct - See paragraph 39.

Civil Rights - Topic 7115

Federal, provincial or territorial legislation - Practice - Judicial review (incl. standard of review) - The complainants were employees of St. Anne Nackawic Pulp Company Ltd. and members of one of two defined benefit pension plans - St. Anne was petitioned into bankruptcy - The pension plans were ordered to be wound up - The complainants alleged that the Pension Benefits Act (PBA) discriminated against them based on their age (under 55) - During the relevant time period, s. 50 of Regulation 95-195 of the PBA (the Old Regulation) was determinative of what would occur on wind-up of a defined benefit plan - A Board of Inquiry appointed under the Human Rights Act found that s. 50 of the Old Regulation, combined with the pension plan, adversely affected a defined group based on age discrimination - The Board concluded that the under 55 group was accorded differential treatment which amounted to discrimination - The Superintendent of Pensions applied for judicial review - The New Brunswick Court of Queen's Bench, Trial Division, held that the standard of review in regard to the Board's interpretation of the Old Regulation was correctness - See paragraphs 12 to 21.

Civil Rights - Topic 7185

Federal, provincial or territorial legislation - Remedies - Damages - [See Civil Rights - Topic 1164 ].

Droits et libertés - Cote 994

Discrimination - Emploi - ༤ge - Généralités - [Voir Civil Rights - Topic 994 ].

Droits et libertés - Cote 999.5

Discrimination - Emploi - Prestations de retraite - [Voir Civil Rights - Topic 999.5 ].

Droits et libertés - Cote 1164

Discrimination - Mesures réparatrices - Dommages-intérets - [Voir Civil Rights - Topic 1164 ].

Droits et libertés - Cote 7115

Législation fédérale, provinciale ou territoriale - Procédure - Révision judiciaire (y compris la norme de révision) - [Voir Civil Rights - Topic 7115 ].

Droits et libertés - Cote 7185

Législation fédérale, provinciale ou territoriale - Mesures réparatrices - Dommages-intérêts - [Voir Civil Rights - Topic 7185 ].

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 15].

502798 N.B. Inc. et al. v. Tracey et al. (2008), 346 N.B.R.(2d) 49; 892 A.P.R. 49; 2008 NBQB 390, refd to. [para. 17].

Potash Corp. of Saskatchewan Inc. v. Scott et al. (2006), 301 N.B.R.(2d) 204; 783 A.P.R. 204; 2006 NBCA 74, refd to. [para. 18].

Law v. Minister of Employment and Immigration, [1999] 1 S.C.R. 497; 236 N.R. 1, appld. [para. 24].

Melanson v. New Brunswick et al. (2006), 311 N.B.R.(2d) 271; 803 A.P.R. 271; 2006 CarswellNB 694; 2006 NBQB 417, affd. (2007), 310 N.B.R.(2d) 356; 800 A.P.R. 356; 2007 CarswellNB 79; 2007 NBCA 12, refd to. [para. 30].

Rice, P.C.J. v. New Brunswick, [2002] 1 S.C.R. 405; 282 N.R. 201; 245 N.B.R.(2d) 299; 636 A.P.R. 299; 2002 SCC 13, refd to. [para. 39].

Mackin v. New Brunswick - see Rice, P.C.J. v. New Brunswick.

British Columbia v. Bolster et al. (2007), 236 B.C.A.C. 46; 390 W.A.C. 46; 2007 BCCA 65, refd to. [para. 39].

Statutes Noticed:

Pension Benefits Act Regulations (N.B.), General Regulation, Reg. 91-195, sect. 50 [para. 19].

Counsel:

Avocats:

Keith Mullin, for the applicant;

Kelly VanBuskirk and Matthew Letson, for the respondents.

This application was heard on July 23, 2009, before Clendening, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following decision on September 9, 2009.