Our firm has been counsel on a number of the leading employment, pension and benefit class actions that have been brought in Canada. Our firm class acts for pension plans or securities class actions. This website provides information on these cases, as well as updates for cases that are still in progress. The information in this website is intended solely for the information of clients, class members and potential clients of the firm, and is otherwise confidential and privileged.

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Index of Actions:

 

Ontario Nurses' Association CCAC Pension Action

This action was commenced in 2006 against the Government of Ontario. ONA represents members once employed with municipalities or other home-care service providers who had their employment transferred to Community Care Access Centres. These members transferred their pensions to the Hospitals of Ontario Pension Plan from various plans (OMERS, VON, and the FSA plan). ONA alleges that the Government made a promise that members would suffer no loss in pension benefits as a result of the transfer and did not keep the promise with the result that the class has suffered and will suffer losses.

The action was certified on March 23, 2007 and is at the discovery stage. Please click the following to view the Statement of Claim and Order certifying this class action.

IF YOU ARE AN ONA MEMBER WHO MIGHT BE AFFECTED BY THIS ACTION, PLEASE CLICK HERE FOR AN IMPORTANT NOTICE CONCERNING YOUR PARTICIPATION IN THIS ACTION.

ONA and the class plaintiff, Dianne Leclair, are represented in this action by Elizabeth McIntyre, Hugh O'Reilly, and Stephen Moreau. For more information about this action, please contact Suzanne Takacs at 416-964-1115 ext. 2289 or by email at stakacs@cavalluzzo.com.

Royal Group Technologies Ltd.

A settlement has been reached in this class action brought by the Canadian Commercial Workers Industry Pension Plan ("CCWIPP"). In the action CCWIPP sought to recover the losses it suffered from its investment in shares of Royal Group Technologies Ltd. ("Royal Group"). The primary allegation was that the financial statements of Royal Group did not comply with generally accepted accounting principles and were false or misleading because they failed to disclose a series of related party transactions, which artificially inflated the stock price. A mediation was held with the Honourable Judge Daniel Weinstein, a retired judge of the California Superior Court. A settlement was reached which is dated March 30, 2007 and can be found here. On September 10th, 2007 Justice Quigley of the Ontario Superior Court of Justice approved the notice. A copy of his endorsement is found here. The settlement was approved on December 17, 2007 in Milton, Ontario before Justice Quigley.

Michael Wright represents CCWIPP in this matter.

Viskase Companies Inc. and Viskase Canada Inc., Post Retirement Benefits

This action was commenced in 2007 against Viskase Companies Inc. and Viskase Canada Inc. because of the elimination of the Companies' contributions to monthly premiums for post-retirement health benefits and life insurance for retirees at the Lindsay, Ontario plant. The reductions took effect in February 2007.

The proposed place of trial is Lindsay, Ontario. Justice MacKinnon of the Superior Court of Justice has been assigned as the Case Management Judge. The parties have exchanged their motion records for the motion for certification, and are currently trying to schedule the motion. The Amended Statement of Claim can be found here.

Michael Wright, Shaun O'Brien and Jorge Hurtado are counsel on this matter.

 

Kimberly-Clark Inc. and Neenah Paper, Inc. Retiree Benefits

This action was commenced in 2006 against Kimberly-Clark Inc. and Neenah Paper, Inc. because of the reduction in health benefits and life insurance for retirees at the Terrace Bay and Longlac operations. The reductions took effect on October 1, 2006.

The parties have entered into a Settlement Agreement dated December 17, 2007. The hearing to certify the action on consent, approve the settlement, and approve Class Counsel's fees was held on February 6, 2008 before Justice Platana in Thunder Bay. The settlementn agreement and Class Counsel's fees were approved. Class members can go to www.retireesclassaction.com for a full explanation of the settlement and to view the relevant documents.

For more information regarding this action, please contact Mia London at (416) 964-5528 or by email at mlondon@cavalluzzo.com.

Michael Wright and Hugh O’Reilly are counsel on this matter.

 

Ontario Government Retiree Benefits Case Approved by Court

Our firm commenced an action against the Ontario government with respect to its decision to reduce the health, dental and other benefits of approximately 50,000 retirees from the Ontario government. The class includes those individuals who retired between 1974 and June 1, 2002 (the date the reductions were implemented) and their dependents.

The action was commenced on behalf of Barbara Kranjcec and certified as a class action by the Ontario Superior Court of Justice in a decision dated January 7, 2004.

After we had completed our discoveries of the government the case was settled in a mediation with the assistance of Justice Winkler of the Ontario Superior Court. The settlement was subject to court approval, and on September 14, 2006 Justice Cullity of the Ontario Superior Court issued his decision approving the settlement. A website for class members has been set up at www.retireesclassaction.com which fully explains the settlement and includes the relevant decisions and documents.

Michael Wright, Hugh O'Reilly, Shaun O'Brien and Stephen Moreau are counsel on this action.

 

Ontario Northland Transportation Commission

This action was brought in 2002 on behalf of members of the Ontario Northland Transportation Commission’s pension plan (“the ONTC”). The ONTC operates rail, marine, telecom and passenger services throughout Northern Ontario.

The action alleges that the ONTC amended the regulations to its pension plan in a manner that breaches its obligations as Trustee of the plan and secured benefits and powers for itself to the detriment of the class members and the plan. The action also alleges that the ONTC has failed to dispense benefits to its beneficiaries in an even handed manner. A motion for certification of the action as a class proceeding was dismissed on June 6th, 2006. An appeal from that decision is being heard by the Divisional Court on January 22nd and 23rd, 2007.

Hugh O’Reilly and Michael Wright are acting for the plaintiffs together with counsel at two other law firms.

Parker Hannifin Canada

This action was brought in 2002 on behalf of employees of Parker Hannifin Canada with respect to the closure of its plant in Barrie, Ontario with respect to employment and pension claims. The case was settled in 2003 and settlement monies were paid out at that time. Michael Wright and Mia London acted for the employees.

For more information regarding this action, please contact Irene Urbanavicius at 416-964-1115 ext. 2257 or by email at iurbanavicius@cavalluzzo.com

 

North Shore Catholic District School Board

When mutual insurance companies “demutualized” several years ago, a number of employers received substantial benefits as a result of the group benefits plans they maintained on behalf of their employees. This action was brought on behalf of employees and former employees at the former North Shore Catholic District School Board who were employed in the ten years prior to the demutualization of Clarica Life Insurance Company (formerly Mutual Life of Canada). Michael Wright and Mia London acted for the employees.

A settlement was reached in 2002 and settlement funds were paid out to class members.

For more information regarding this action, please contact Irene Urbanavicius at 416-964-1115 ext. 2257 or by email at iurbanavicius@cavalluzzo.com

 

Primerica Financial Services Ltd.

In this class action it was alleged that the Defendant did not pay its sales representatives at least the minimum wage for training they were required to complete. A settlement was reached with respect to a national class in 2001 and approved by the courts in Ontario, Quebec and British Columbia. Michael Wright and Mia London acted for the class members.

For more information regarding this action, please contact Irene Urbanavicius at 416-964-1115 ext. 2257 or by email at iurbanavicius@cavalluzzo.com

 

Oven Digital Canada Inc.

This action was brought on behalf of the terminated employees at this internet services company. The action was against the corporation and it's directors. It was settled and settlement monies paid out in 2001. Michael Wright was class counsel.

For more information regarding this action, please contact Irene Urbanavicius at 416-964-1115 ext. 2257 or by email at iurbanavicius@cavalluzzo.com

 

Smith v. Krones Machinery Co. Ltd.

This is an action which was initiated with respect to the closure of this manufacturing facility in Brampton, Ontario. The class action was settled in 1999, approved by the Court, and settlement monies were distributed to class members at that time. Michael Wright and Veena Verma acted for the class members.

For more information regarding this action, please contact Irene Urbanavicius at 416-964-1115 ext. 2257 or by email at iurbanavicius@cavalluzzo.com

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