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Retirees had no entitlement to excess pension funds in defined benefit plan.
Retired police officers, through their representative corporation, appealed the dismissal of a Rule 22 motion claiming an interest in approximately $6 million in excess pension funds arising after legislative amendments moved supplementary early retirement benefits into the basic OMERS plan.
The appeal advanced theories based on deferred wages, trust, fiduciary obligations, unjust enrichment, partial wind-up, and statutory restrictions on surplus use.
The Court of Appeal substantially adopted the motion judge’s reasoning and held that the supplementary agreement did not create a separate pension plan and that retirees under a defined benefit plan had no inherent entitlement to the excess funds.
The appeal was dismissed with costs.
Financier-owner held liable under mechanics' lien for completion work requested by insolvent developer.
Phoenix and its subsidiary entered into a development arrangement with Ownix to build a head office.
Ownix became insolvent, and Bird Construction registered mechanics' liens against the interests of Phoenix, Ownix, and Canada Trust for unpaid completion work and leasehold improvements.
The Supreme Court of Canada held that Phoenix was an 'owner' under The Mechanics' Lien Act because it requested the work through its agent, Ownix.
The lien was valid against Phoenix for the completion expenditures but not for the leasehold improvements made for third-party tenants, as there was no privity or direct dealing between Phoenix and Bird regarding those improvements.
