Michael A. Church

The appellants appealed the decision of the motion judge refusing to certify their proposed class proceedings against the Ontario Northland Transportation Commission regarding amendments to its pension plan.

The appellants alleged the pension plan was an irrevocable trust and the amendments constituted a breach of trust.

The Divisional Court dismissed the appeals, finding that the motion judge made no errors of law, no palpable and overriding errors of fact, and that her conclusions on mixed fact and law regarding common issues, preferable procedure, and representative plaintiffs were reasonable and entitled to deference.

The applicant sought to enforce an order of the Ontario Labour Relations Board requiring the respondents to produce certain documents.

The respondents failed to comply with the Board's order and subsequently failed to produce the documents after being given an extension by the Divisional Court.

The Court found all three respondents in contempt, fining each $5,000 and ordering them to pay $5,000 in costs jointly and severally.