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BC Public Services Benefits
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BC Public Services Benefits Class Action
In November 2004, a retired British Columbia public servant commenced an action
against the Government of British Columbia seeking damages for breach of
fiduciary duty and breach of contract on behalf of himself and members of the
British Columbia Public Service Pension Plan who were presently entitled to
receive premium-free Medical Services Plan and Extended Health Care Benefits
and who retired on or before November 2002.
The allegations made in the action are set out in the
Amended Statement of Claim and
Reply. The defences raised by the Government are set out in the Further
Amended Statement of Defence.
On November 30, 2005, the Honourable Mr. Justice Melvin of the British Columbia
Supreme Court certified this action as a class proceeding. View
Justice Melvin's Reasons for Judgment.
In October 2006, the Government appealed Mr. Justice Melvin's decision to the
British Columbia Court of Appeal. View the Reasons for Judgment of the British Columbia Court of Appeal dated
January 2, 2007.
The Government sought leave to appeal the British Columbia Court of Appeal's
decision to the Supreme Court of Canada. The plaintiff sought leave to
cross-appeal. On June 21, 2007, both applications for leave were dismissed
without reasons being given. View the Supreme Court of Canada's Judgment.
On November 13, 2007, Madam Justice Dorgan of the Supreme Court of British
Columbia approved the release of the Notice of Certification. View Madam Justice Dorgan's
Order and
Reasons. Accordingly, in December 2007, the approved Notice of
Certification was sent to known class members and the Press Release was issued.
This action is now proceeding to the documentary and oral discovery stages.
For more information, please contact Koskie Minksy LLP
in Toronto at 1-888-502-7455 or our co-counsel Albert C. Peeling in Victoria
at:
950 Rockland Avenue, #411
Victoria, BC V8V 3H4
Tel: 250-384-9550
Fax: 250-384-9590
For further information, you may also wish to review a summary of common
Questions and Answers or visit the B.C. Government Retirees Association
web site at www.bcgrea.com.
DISCLAIMER:
This website is intended to provide general information only. Despite our
efforts, it is not always accurate and complete and should not be relied upon.
This website does not offer legal advice. It does not create a
solicitor-client, fiduciary or other relationship. It does not eliminate the
need to obtain timely independent legal advice.
Communications facilitated by this website will not be treated as private,
privileged or confidential. They do not create solicitor-client, fiduciary or
other relationships.
The Court, rather than this firm, ultimately decides who will be included as a
class member in a class action.
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