Important updates in two pension class actions
We have news to report in two different class actions, one involving the post-retirement benefits of General Motors employees, and the other involving the Province’s alleged breach of an undertaking when certain employees were forced to enrol in a second pension plan when their employment was transferred from municipal providers to Community Care Access Centres.
Jankowski v. General Motors of Canada Limited and Ally Credit Canada Limited
This class action was commenced three years ago on behalf of certain salaried retirees of General Motors Acceptance Corporation of Canada Limited (“GMACCL”) against General Motors of Canada Limited and Ally Credit Canada Limted. The lawsuit alleges that the post-retirement benefits of salaried retirees of GMACCL were unlawfully reduced or eliminated between 2008-2010.
The parties have agreed to certify the class action on consent, and to settle the class action. The details of the settlement, including the Settlement Agreement and the Notice of Settlement, can be found here.
Alexander v. Ontario
This class action alleges that the Province of Ontario breached its undertaking to certain employees whose employment was transferred from municipal providers to Community Care Access Centres in or around 1997.
Employees had been required to be members of the OMERS pension plan, but when their employment was transferred they were enrolled by their employers in the HOOPP. The lawsuit alleged that employees’ membership in two pension plans would have an adverse financial impact on their pension entitlements.
The Ontario Superior Court of Justice has approved the settlement of this class action. You can find out the details of the settlement and the process by which you can make a claim by clicking here.
Practice Areas
Civil Litigation, Class Action Litigation, Pension & Benefits Law