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Jankowski v. General Motors of Canada Limited and Ally Credit Canada Limited

December 06, 2016

Post-Retirement Benefits Class Action

What this class action is about

In 2010, Joseph O’Neill commenced a class action lawsuit against General Motors of Canada Limited (“GMCL”) alleging that it had unlawfully reduced or eliminated the post-retirement benefits of retired salaried and executive employees. That class action was certified on consent in October 2011.

Some of the retirees of General Motors Acceptance Corporation of Canada Limited (“GMACCL”) subsequently received notice of the class action and sought to participate in it. GMCL took the position that the GMACCL retirees were not part of the class of GMCL retirees. O’Neill brought a motion seeking a declaration that the GMACCL retirees were part of the class. However, on January 16, 2013, Justice Edward Belobaba held that the GMACCL retirees were excluded from the class definition.

As a result of that decision, a new class action has been commenced against GMCL and Ally Credit Canada Limited (“ACCL”) on behalf of salaried retirees of GMACCL who retired between January 1, 1995 and November 30, 2006, or who were eligible to retire within two years of November 30, 2006.

The lawsuit alleges that the post-retirement benefits of salaried retirees of GMACCL were unlawfully reduced or eliminated between 2008-2010.

The proposed representative plaintiff, Lea Jankowski, worked for GMACCL as a salaried employee from 1975-2006.


December 6, 2016: Class action approved and settled

On December 6, 2016, Justice Belobaba of the Ontario Superior Court of Justice approved the consent certification and settlement of this Class Action.  The Court also approved Class Counsel fees.

Read the Notice of Certification and Settlement Approval, which will give you the details of the settlement and the process by which Class Members will be compensated.

November 15, 2016: Parties reach tentative agreement

The parties have reached an agreement to certify the class action on consent, and to settle the class action.

The consent certification and proposed settlement are subject to court approval. A public hearing will take place on December 6, 2016 at 10:00 a.m., 130 Queen Street West, Toronto, at which time the Court will consider certification and whether the settlement is fair, reasonable and in the best interest of the Class.

Once the action is certified, the Class will include:

a) all salaried and executive retirees of GMACCL who retired from GMACCL between January 1, 1995 and June 1, 2014, and

b) all surviving spouses and dependent children beneficiaries of any deceased persons described in (a),

and in either case where the individual is eligible to receive Post-Retirement Benefits under the relevant program terms and GM Canada provides Post-Retirement Benefits.

The attached notice describes the proposed settlement in detail, including who it applies to, the details of the settlement, the process by which Class Members will be compensated if the settlement is approved, and the manner in which Class Members can participate in the settlement approval process.

Practice Areas

Civil Litigation, Class Action Litigation, Pension & Benefits Law