Boilermakers’ Pension Plan
Case Name: Grant Denluck v. The Board of Trustees for the Boilermakers’ Lodge 359 Pension Plan
Court: Supreme Court of British Columbia
Date Filed: June 18, 2015
Class Members: The plaintiff and all persons, wherever they reside, who are no longer members of the Boilermakers Lodge 359 Pension Plan (the “Plan”), and who were advised by the Trustees of the Plan that they would not receive a deferred payment of the balance of the commuted value of their pensions formerly promised them, and who did not exercise the option to reinstate their pension.
Co-counsel: Reidar Mogerman, QC (Camp Fiorante Matthews Mogerman LLP), Julia Lawn (Nathanson Schachter & Thompson LLP)
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This class action alleges that each of the class members accepted an offer from the Defendant to transfer the full commuted value of their pensions out of the Pension Plan by receipt of two payments five years apart. As part of this agreement, the former members gave up their membership in the Pension Plan, expecting to receive the deferred payment of the second portion of the commuted value of their pensions (the “Deferred Payments”). In April 2013, the Defendant advised that all Deferred Payments would be suspended. In March 2014, the Defendants cancelled all Deferred Payments.
On June 18, 2015, the Plaintiff commenced an action against the Defendant alleging breach of contract and breach of trust for their failure to pay his Deferred Payments. On June 17, 2016, the claim was amended to be brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50 (“CPA”). On August 9, 2016, the action was transferred to the Vancouver Registry.
A settlement was reached in February 2020. The settlement is subject to court approval. The notice to class members regarding certification and settlement is available below. Class members should also have received a copy of the notice by email and/or regular mail. If you are a class member and you have not received the notice, please contact Class Counsel by emailing Robin Gage at rgage@arvayfinlay.ca or Aisling Slevin at aslevin@cfmlawyers.ca, to provide your current contact information.
A court hearing (by telephone) was held on February 04, 2021. At the hearing, the Court approved the settlement agreement and distribution plan (see decision linked below). The next steps are set out in the distribution (also linked below), and will require class members to make a claim for compensation under the settlement agreement. Details of how to make a claim will be sent to each class member by email and/or regular mail.
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