In this pension class proceeding arising from a workforce downsizing, the plaintiffs moved to add common issues alleging the administrator-employer operated under a material conflict of interest while making and implementing surplus-related decisions affecting departing plan members.
The court held the amended theory under ss. 8(10) and 8(11) of the Pension Benefits Standards Act disclosed a viable cause of action and was not defeated by the defendants' argument that members of an ongoing plan had no proprietary right in actuarial surplus.
The proposed conflict issues were common to the certified class, would materially advance the litigation, and did not turn primarily on individualized reliance analysis at the certification stage.
The motion was granted, with directions to file a corrected amended statement of claim and an updated litigation plan.
