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ARTICLE · 17 MAY 2022

Plan Members' Action Against Pension Trustees Fails

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The British Columbia Supreme Court has confirmed the limited circumstances in which a court may interfere with a discretionary decision of pension trustees.

CanadaEmployment and HR
Tracey Cohen
Tracey Cohen
J. Kendal Paul
J. Kendal Paul
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Larkin et al v Johnson et al 2022 BCSC 603

The British Columbia Supreme Court has confirmed the limited circumstances in which a court may interfere with a discretionary decision of pension trustees.

In a Supreme Court decision pronounced on April 19, 2022, Justice Skolrood dismissed the claims of four members of the B.C. Credit Union Employee's Pension Plan (the "Plan"), a multi-employer, defined benefit plan, against the trustees of the Plan (the "Trustees"), concluding that the Trustees' discretion was properly exercised.

A. Nature of Plaintiffs' Claims against Trustees

The Plaintiffs asserted three claims (in their second amended notice of civil claim) against the Trustees. They alleged the Trustees breached their duty to act in good faith and fiduciary and statutory duties in:

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