A proposed representative plaintiff sought certification of a class proceeding relating to the distribution of surplus funds from a defined benefit pension plan following partial and full wind‑ups.
The action alleged that amendments to the plan and trust agreement improperly reserved surplus to the employer contrary to the original plan documents and the Pension Benefits Act.
The parties reached a mediated settlement providing for distribution of pension surplus to plan members and payment of a settlement amount to address legal costs and related expenses.
The motion sought certification solely for settlement purposes and approval of the notice plan.
The court held that the action satisfied the certification requirements under the Class Proceedings Act, 1992 and granted certification for settlement purposes.
