Jill Wagman

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.

In a wrongful dismissal action, the court determined damages and costs following a summary judgment on liability.

The plaintiffs sought compensation for 26 months' notice, including pension contributions, Savings Plan contributions, and loss of benefits.

The defendant argued for deductions based on an expert report indicating an increase in the commuted value of the plaintiffs' pensions due to early termination, and disputed benefit calculations.

The court rejected the defendant's argument for pension value deductions, applying the principles from *IBM Canada Limited v. Waterman* that pension benefits are a form of retirement savings, not an indemnity for wage loss, and should not be deducted.

It also rejected the plaintiffs' claim for notional pension contributions, as no actual pension loss was proven.

For the Savings Plan, the court awarded 3% contributions throughout the notice period, finding that the plaintiffs should not be penalized for a plan change they could not elect to avoid due to termination.

For lost benefits, the court awarded 8% of base salary, based on the defendant's own evidence and the principle that retirement benefits do not offset lost employment benefits.

The plaintiffs were awarded damages of $328,505.00 and $260,640.60 respectively, plus pre-judgment interest, and costs of $75,000.

The applicant, a retired member of the OMERS pension plan, challenged an amendment to the plan that changed the method used to calculate inflation indexing.

The applicant argued that the amendment reduced her accrued pension benefits, contrary to section 14(1) of the Pension Benefits Act, because the new method produced a lower increase in the year it was implemented.

The Financial Services Tribunal dismissed the application, finding that the new method was actuarially equivalent to the old method and would produce the same level of inflation protection over time.

The Tribunal held that the amendment did not reduce the aggregate amount or the commuted value of the applicant's accrued pension.