Canada Life Assurance Company (SERP)


Overview

This class proceeding concerns the alleged improper partial termination and distribution of a pension plan ("partial wind-up").

The action alleges that the Canada Life Assurance Company ("Canada Life") and the current Trustees of the Canada Life Canadian Supplemental Pension Plan (the “SERP”) improperly implemented a partial wind-up of the SERP. It is alleged that the Defendants were not permitted to wind-up the SERP, and, in any event, did not properly implement the partial wind-up and pay the correct entitlements to the Class Members. The action alleges that the class members were underpaid in the distribution of the SERP and seeks damages for payment of the correct amount of their benefits.

This action was certified as a class proceeding by order of the Honourable Mr. Justice Cullity. The class of persons this action represents is set out in the Certification Order, below. Generally, the class is comprised of all persons, wherever resident, who are former employees of Canada Life, and who were included in the partial wind-up of the SERP as of January 31, 2005, and their estates and beneficiaries.

Class members wishing to opt-out of the class proceeding must forward the designated "Opt-Out Form" by September 30, 2009 as detailed in the Notice to the Class, available on the website.

Koskie Minsky LLP represents the Plaintiff in this matter.

Active



Latest Developments

February 17, 2010The parties are engaging in settlement discussions. Should a resolution not be reached by May, the parties will attend before the Case Management judge to obtain a revised litigation timetable.
July 27, 2009Notice to the Class and an opt-out procedure were approved by the Court. Class members wishing to opt-out of the class proceeding must forward the designated "Opt-Out Form" by September 30, 2009 as detailed in the Notice to the Class, available on the website.

L’Avis au groupe ainsi que la procédure de retrait ont été approuvés par la Cour, en version anglaise. Les membres du groupe désireux de se retirer du recours collectif doivent envoyer le « Formulaire de retrait » désigné, avant le 30 septembre 2009, tel qu’il est indiqué dans « l’Avis de certification d’un recours collectif » disponible sur ce site web.

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