Update on class action instituted against Bell

On August 12, 2019 , the Ontario Superior Court rendered its decision regarding the class action instituted against Bell challenging Bell’s determination to index 2017 defined benefit pension payments by 1%. You will recall that the class action plaintiffs had contended that the appropriate indexation should have been 2%. In its decision:

1) the court determined that the subject matter and class qualified as a class action and the action was thus certified;

2) the court agreed with both sides that the material and affidavit evidence filed to date was sufficient for the court to render a ruling on the merits without proceeding to trial (called a “ summary judgment”); the court then proceeded to render summary judgment on the merits in favour of Bell, determining that Bell had properly calculated the indexation at 1% in accordance with the terms of the plan. 

It is not known at this time whether any appeals of this judgment will be launched so we will continue to monitor developments.

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