The applicant, Citibank Canada, sought rectification of its Pension Plan text, specifically the 2002 Restatement, to correct an unintended drafting error.
The error caused "Deferred Vested Members" to be treated differently from "Early Retirement Members" in pension benefit calculations, contrary to the plan's original intent and consistent administration since 2002.
The court applied the four-part test for rectification from Canada (Attorney General) v. Fairmont Hotels Inc., finding clear and cogent evidence that the error was an unintentional transcription mistake, not an error in judgment.
The Financial Services Regulatory Authority and affected plan members did not oppose the application.
Rectification was granted to align the plan text with the true intentions.
