Case Studies: Class Actions
Denluck v. The Board of Trustees for the Boilermakers’ Lodge 359 Pension Plan
“class counsel asked Mr. Kaplan to provide his recommendation on the allocation of the proposed settlement funds amongst the class members.”
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.
“During the negotiation process, several issues were identified which required consideration and resolution. In his report, Kaplan identified those issues and described the parameters within which each one was considered. I make no apology for quoting extensively from that report, which I accepted and endorse completely.”
“Those seeking mediation are lucky to have Ari Kaplan facilitate. His perspective, knowledge and style helped bring closure to our workplace dispute which persisted for over a decade prior to Ari’s help, for which all parties were extremely grateful. He has my full confidence and I recommend him without qualification.”
Supreme Court of Canada decision: 2014 SCC 11
Court of Queen's Bench settlement: 2014 MBQB 23