The appellant received a retroactive lump sum payment for a Canada Pension Plan disability pension and brought a proposed class action claiming interest on the payment.
The Attorney General moved to strike the statement of claim.
The motion judge struck the claims for breach of fiduciary duty and unjust enrichment but allowed the claims based on constructive trust and the inherent power of the court to award interest to proceed.
On appeal and cross-appeal, the Court of Appeal held that it was plain and obvious that none of the claims could succeed, as the comprehensive statutory scheme of the Canada Pension Plan does not provide for the payment of interest on benefits.
The appeal was dismissed, the cross-appeal was allowed, and the action was dismissed.
