Case Studies: Class Actions
Denluck v. The Board of Trustees for the Boilermakers’ Lodge 359 Pension Plan
In 2019, Ari Kaplan mediated a class action settlement in British Columbia ending a 5 year dispute involving pension plan trustees sued by former plan members who withdrew the commuted values of their pensions. In 2020, the B.C. Supreme Court authorized notice of the settlement and in 2021, the Court approved the settlement. In both cases, the Court relied on Mr. Kaplan’s mediation report and recommendations on the fairness of the settlement and the distribution plan amongst the class.
Lacroix v. Canada Mortgage and Housing Corp.
In 2017, Ari Kaplan mediated a class action settlement ending 18 years of litigation over a share of $150 million in pension surplus:
"Justice Charbonneau’s decision followed a report from mediator Ari Kaplan of Kaplan Law in Toronto": read Benefits Canada article HERE.
Superior Court of Justice Decision: 2018 ONSC 532
Telecommunications Employees Association of Manitoba Inc. et al. v. Manitoba Telecom Services
In 2014, Ari Kaplan facilitated negotiations on a pension indexing dispute that produced a $140 million workplace settlement between MTS, three trade unions and a pensioner group. The settlement benefited more than 9,000 people and ended 12 years of litigation to the Supreme Court of Canada.
Supreme Court of Canada decision: 2014 SCC 11
Court of Queen's Bench settlement: 2014 MBQB 23