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Member, Beacon International Group, Ltd.
MONTREALA recent Quebec Court of Appeal ruling that expanded Canadian employers' control over ongoing pension plans has been appealed to the Supreme Court of Canada.
In Provincial Assn. of Hydro-Quebec Retirees vs. Hydro-Quebec, the Quebec Court of Appeal in Montreal ruled in March that retirees do not have to be consulted on the use of a surplus in an ongoing pension plan (BI, April 18). The court also confirmed that Quebec employers are entitled to take contribution holidays, unless prevented by the provisions of the pension plan or other agreements.
The Supreme Court's decision on hearing the case is not expected before the end of this year, said Michel Benoit, Hydro-Quebec's lawyer and co-chair of the pensions and benefits department of Toronto-based Osler, Hoskin & Harcourt L.L.P.