D.B. Williams

Two bus transportation companies sought an interlocutory injunction preventing a student transportation consortium from closing a request for proposals (RFP) for school bus services.

The moving parties alleged the procurement process violated directives under the Broader Public Sector Accountability Act and failed to follow Ministry guidance regarding fair competitive procurement.

Applying the three‑part test in RJR MacDonald v. Canada (Attorney General), the court held that the plaintiffs established a serious issue to be tried concerning compliance with procurement directives and fairness of the RFP process.

The court further found that the potential loss of market share and collapse of small rural bus companies constituted irreparable harm and that the balance of convenience favoured maintaining the status quo pending trial.

An interlocutory injunction was granted requiring the defendant to withdraw the RFP pending determination of the underlying action or a related expedited trial.

The representative plaintiffs in a certified class action regarding the Canada Life Canadian Employees' Pension Plan moved for approval of a settlement agreement, a variation of trust, and class counsel fees.

The claims involved the ownership of surplus assets, partial wind-ups, and the payment of plan expenses from the fund.

The settlement provided an estimated $54 million in financial benefits to class members, including surplus distribution and contribution holidays.

The court found the settlement to be fair, reasonable, and in the best interests of the class, noting the legal risks associated with the claims.

The court also approved the variation of the pension trust under the Variation of Trusts Act and the rule in Saunders v. Vautier, distinguishing the Supreme Court's decision in Buschau because the employer supported the variation.

Finally, the court approved class counsel fees of approximately $4.8 million as fair and reasonable given the results achieved and the risks undertaken.