Martin v. Barrett, 2021 ONSC 1470

Court File and Parties

COURT FILE NO.: CV-03-244195CP DATE: 20210226 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

MARSHA MARTIN AND FERN CAMIRAND, Plaintiffs

• and - MORNEAU SHEPELL LTD., IN ITS CAPACITY AS THE ADMINISTRATOR OF THE PARTICIPATING CO-OPERATIVES OF ONTARIO TRUSTEED REVISED PENSION PLAN, AND NOT IN ITS PERSONAL CAPACITY, Plan Administrator
• and – MICHAEL BARRETT, JOHN REBRY, LLOYD CRAWFORD, WILLIAM DEMERLING, CLAUDE GAUTHIER, CLARE HAYES, JIM MADILL, MICHAEL STEVENS, BRIAN ASHFORD, JOHN BLACK, JOHN HILL, CHARLES MACDAID, JOSEPH MARTIN, JUNE MCFARLANE, LARRY MELNYK, JOHN STAFFORD, AS TRUSTEES OF THE PARTICIPATING COOPERATIVES OF ONTARIO TRUSTEED PENSION PLAN (FSCO REG. NO. 345736), THE CANADA TRUST COMPANY, CIBC MELLON TRUST COMPANY, CIBC MELLON GLOBAL SECURITIES SERVICES COMPANY, CANADIAN IMPERIAL BANK OF COMMERCE, MARK EDWARD, WHITTACATT CARRYING ON BUSINESS AS WHITTACATT CONSULTING ASSOCIATES, WHITTACATT HOLDINGS LTD., TURNBULL AND TURNBULL LTD., THE ESTATE OF JOHN A. TURNBULL, DECEASED, LOUIS ELLEMENT, ANTHONY F. COOPER AND ANTHONY F. COOPER ACTUARIAL SERVICES LTD AND TORYS LLP, Defendants

Counsel: Charles Hatt for the Plaintiffs

Proceeding under the Class Proceedings Act, 1992

HEARD: In writing

PERELL, J.

REASONS FOR DECISION

1Pursuant to the Class Proceedings Act, 1992, this is a motion by Marsha Martin and Fern Camirand, two beneficiaries of the Participating Co-Operatives of Ontario Trusteed Revised Pension Plan, Registration No. 0345726 for a discontinuance of this certified and settled class action.

2On February 10, 2005, Justice Winkler, as he then was, certified the action as a class proceeding.

3On April 17, 2008, Justice Cullity approved a multi-million-dollar settlement that had been reached with all the Defendants with the exception of the Defendant Mark Edward Workman and a company controlled by Mr. Workman (the “Workman Defendants”). At that time, Mr. Workman was residing in the Cayman Islands and he had no assets in Canada.

4On May 26, 2008, Morneau Sobeco Inc., a predecessor to Morneau Shepell Ltd., the current Plan Administrator, was appointed as Administrator of the Pension Plan.

5In the class proceedings, the Workman Defendants were noted in default, and on May 20, 2010, a default judgment was ordered. Through enforcement proceedings in the Cayman Islands, the Class eventually recovered $97,933.20.

6By Order dated April 14, 2020, Class Counsel paid $97,933.20 from Class Counsel's trust account to the Plan Administrator. The Plan Administrator was ordered to locate unlocated Plan participants and pay them their entitlements. Any remaining monies were to be paid into court. See Martin v. Barrett, 2020 ONSC 2272.

7The Plan Administrator has completed its tasks and will be paying the remaining monies into court and will apply to wind up the Plan.

8Pursuant to the Order dated April 14, 2020, all issues of liability, remedy and distribution to class members have now been addressed. There is no reason for the class proceeding to continue.

9The Respondents/Defendants no longer have any interest in the motion or underlying proceeding and service would be unnecessary, burdensome, and would delay the motion.

10For the above reasons, I order this class action discontinued.

Perell, J.