2013 Pension And Benefits Class Action Update

As many Canadian employers continue to amend the terms of pension and benefit plans, class action proceedings continue to be brought by current and former employees.  While more actions are ongoing than are described here, the following are some of 2013's more notable matters.

In July 2013 the Ontario Superior Court released its decision in O'Neil v. GM.  The Court determined that an employer may modify benefits after retirement only where the contractual language clearly grants such a right.  In this case, it was determined that the benefit plan terms were not sufficiently clear to allow post-retirement benefit amendments.

Certification

On January 16, 2014 the Supreme Court of Canada released its decision in Vivendi Canada Inc. v. Dell'Aniello, allowing certification of the class action and confirming that a class proceeding may be authorized where there is a significant and identical, related or similar question of law or fact to be determined.  A common