Common Questions Don’t Need Common Answers To Certify Class Action

Vivendi Canada Inc. v. Dell'Aniello: Amendment of Retirement Benefits Leads to Class Action

What Happened?

Seagram Ltd. ("Seagram"), an alcohol producer and distributor, offered a health insurance plan to its employees and their spouses, during active employment and through retirement. The employees contributed to the plan during employment, but Seagram paid the full cost for retirees.

In one plan document from 1985, Seagram explicitly reserved the right to "modify or suspend" the health insurance plan.

In 2001, Seagram was acquired by another company and became Vivendi Canada Inc. ("Vivendi"). Vivendi continued the health insurance plan unamended until January 1, 2009, at which time it made several changes to the plan. By that time, Vivendi had no active employees covered by the plan, only retirees and surviving spouses.