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Sun Life Assurance
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For more information you may send us an
e-mail or call us at 1-866-778-7986 |
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Class Action against Sun Life Assurance
Company of Canada (Sun Life)
June 10, 2008
Kirk
Baert and
Celeste Poltak of our firm commenced an action on behalf of all persons
in Canada who receive monthly disability benefits from Sun Life's disability
insurance policies and from which Sun Life deducts any Canada Pension Plan
sponsored Child Benefits from monthly disability entitlements.
The claim states that Sun Life is wrongfully deducting the CPP Child
Benefit from disability entitlements and as such is in breach of contract and
seeks a declaration that Sun Life be prohibited from continuing these
deductions. The claim seeks damages in the amount of $10,000,000 plus
$1,000,000.00 in punitive damages.
Class Members
The class proceeding against Sun Life is proceeding on a contingency fee basis.
Class members will not be required to pay any legal fees to the class lawyers
unless the class proceeding is successful at trial or the class action is
settled on favourable terms to class members, in which case the legal fees will
be divided amongst the class members on a pro rata basis and deducted from the
amount of compensation that the class members may ultimately receive. A judge
of the Ontario Superior Court of Justice must approve the amount and division
of any legal fees paid to counsel.
On May 19, 2004, the Class Proceedings Committee granted funding from the Class
Proceedings Fund to this action.
Trial of the issues was heard in October 2007. The trial judge dismissed the
action. To view Justice Perell J Reasons please
click here. The appeal has been perfected and is scheduled to be heard
by the Court of Appeal on October 27 and 28, 2008.
If you believe that you are a member of the proposed class (please read
paragraph 5 of the Notice
of Action), please contact us in writing with your current mailing
address. You can also email us at
sunlifeclass@kmlaw.ca or fax us at 416 204-2897 or by mail at
Koskie Minsky, c/o Sun Life Class, 20 Queen Street West, Toronto,
Ontario M5H 3R3.
To view information about how class actions work, please
click here.
To view the news release and court documents filed to date please click on the
appropriate button to the left side of this page.
IMPORTANT NOTE:
This website has been developed to provide general information to potential
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 website as legal
advice in respect of your individual situation nor use it as a substitute for
individual legal advice.
The information collected about potential class members will assist counsel in
prosecuting the class action and assessing what damages were suffered by the
class as a whole. Providing the information requested does not make you the
client of the firms listed. The court will ultimately decide who will be
included as a class member.
This website will be updated from time to time to provide potential class
members with information as it becomes available.
If you have any questions please call our hotline number at 1-866-778-7986
where we record up-to-date information and where you can leave us a
confidential voice message.
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