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Canadian Broadcasting Corporation (CBC)

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For more information you may send us an
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Updated: April 4, 2006
On March 10, 2006 Justice Cullity of the Ontario Superior Court of Justice
certified a class proceeding against the Canadian Broadcasting Corporation
("CBC") on behalf of those people, wherever resident, together with their
survivors, who were in receipt of an annuity or pension from the Canadian
Broadcasting Corporation under the CBC Pension Plan on December 31, 2002 and/or
on December 31, 2005 (the "Class Members").
To see a copy of the Amended Statement of Claim and the Certification Order,
please click on the "documents" tab on the left panel of this screen.
Summary of Claim
Don Waterston, former President of the CBC Pensioners' National Association is the
Representative Plaintiff in the action. The claim seeks orders directing the
CBC to return to the CBC Pension Plan three-tenths (30%) of the 2002 Surplus
and administer the 2002 Surplus, and all subsequent Available Surpluses, in
accordance with the Surplus Allocation Agreement, or in the alternative,
damages on behalf of the class.
Class Members and Right to Opt Out
Any affected person who wishes to opt out of the class action as certified must
do so by sending a written notice by regular mail on or before July 10, 2006
to: KOSKIE MINSKY LLP
Barristers and Solicitors
Suite 900, 20 Queen Street West
Toronto, ON M5H 3R3
Attention: CBC Pension Class Action indicating that he or she
is opting out of the class action as certified. No person may opt out a minor
or a mentally incapable person without permission of the Court after notice to
the Children's Lawyer and/or the Public Trustee, as appropriate.
Affected persons who opt out will not be bound by any decision of the Court in
the action and may not benefit from any such decision or a settlement.
Any affected person who does not opt out prior to the above date will be a class
member and will be bound by the Court's judgment, whether favourable or not.
To view a copy of the Notice of Certification and Opt-Out Form sent to all
members of the Class please click on the "documents" tab on the left panel of
this screen.
Please note that there is no cost to you if you are a Class Member. Class
members will have an opportunity to opt-out of the class if they so desire, but
will be required to retain their own counsel or act on their own behalf to
pursue the claim.
If you do not wish to be part of the class, you may still be entitled to
participate in the proceeding. Such participation is subject to the Court's
approval. You may wish to obtain independent legal advice with respect to this
matter.
If you have any questions regarding this action please call our hotline number
at 1-866-778-7985 where you can leave us a confidential voice message. You can
also email us at
CBCclassaction@kmlaw.ca or fax us at 416 204-2897 or contact us
by mail at CBC Pension Class Action c/o Koskie Minsky LLP,
20 Queen Street West, Suite 900, Toronto, Ontario M5H 3R3.
To view more information about how class actions work, please
click here.
Next Steps
The next step in the proceeding will be production of documents and
examinations for discovery.
IMPORTANT NOTE
This website has been developed to provide general information to Class
Members.
The site is not designed to answer questions about your individual situation or
entitlement. Do not rely upon the information provided on this web site as
legal advice in respect of your individual situation nor use it as a substitute
for individual legal advice.
This website will be updated from time to time to provide Class Members with
information as it becomes available.
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