On April 16, 2002, a claim was commenced regarding the defined benefits pension plan for non-bargaining employees of Western Star Trucks Ltd. The claim was certified as a class proceeding pursuant to a certification order dated January 12, 2005. Subsequently, the claim was settled by the payment of $5.75 million (the “Settlement Amount”). The settlement was approved by court order dated October 31, 2008.
The order approving the settlement provides that the Settlement Amount will be distributed amongst members of the class who were, as at October 1, 2001, members of the Western Star Pension Plan for Non-Bargaining Employees, including pensioners, deferred vested pension plan members, immediate and deferred annuity recipients, or active employees with accrued pension benefits (the “Distribution Group”).
Thus, entitlement to share in the Settlement Amount is dependent on an individual coming within the definition of Distribution Group noted above. To qualify, you must have been:
(a) a member of the Western Star Pension Plan for Non-Bargaining Employees as at October 1, 2001 (this includes pensioners, deferred vested pension plan members, immediate and deferred annuity recipients, or active employees with accrued pension benefits); and
(b) a member of the class.
For individuals who were not residents of British Columbia at the time of the certification order in January, 2005, it was necessary to opt-in to the class by completing and delivering an Opt-In Notice before June, 2006. Non-residents of British Columbia who failed to complete and deliver an Opt-In Notice are not considered to be members of the class.
A number of individuals made inquiries and/or provided notice of complaint regarding their exclusion from the distribution of the Settlement Amount on the basis that they did not receive notice advising them of the requirement to opt-in. A hearing has been scheduled to consider these and other similar complaints.
The hearing is scheduled for July 6 to 8, 2011. At the hearing, the Court will assess individual complaints regarding deficient notice. Complaints will be considered only if the complainant:
(a) as at October 1, 2001, was a member of the Western Star Pension Plan for Non-Bargaining Employees, including pensioners, deferred vested pension plan members, immediate and deferred annuity recipients or active employees with accrued pension benefits; and
(b) in the period January 12, 2005 to June, 2006 was not resident in British Columbia and failed to opt into this proceeding.
If you wish to file a complaint, you must do so by April 21, 2011. The complaint process requires providing an Affidavit by that date.
For more information on how to file a complaint, please contact TevlinGleadle to receive an information package. Interested persons can contact TevlinGleadle by emailing Dan Gleadle at dgleadle@tevlingleadle.com.