Class Action Against Ontario Power Generation
We represent a proposed class of management retirees of Ontario Power Generation Inc. (“OPG”) in connection with OPG’s failure to maintain retirement benefits at the same or an equivalent level as the benefits provided to current management employees. This site is intended to keep affected retirees informed as the case progresses.
About the Case
This proposed class action concerns OPG’s failure to honour its obligation to provide post-retirement health benefits to former management employees at the same level or an equivalent level as current management employees of Ontario Power Generation. The claim seeks to recover the value of benefits affected retirees say they were promised.
No court has yet certified this action as a class proceeding, and no findings have been made on the merits of the claims described here. This summary will be updated as the case progresses.
A copy of the Statement of Claim that has been filed in Court is accessible here.
Who May Be Affected
You may be affected by this action if you retired from OPG between 2001 and 2021 from a management or non-union position. You may also be eligible if you are a spouse or dependant of an OPG retiree. If you believe this may apply to you, we encourage you to reach out using the contact page.
FAQ
What is a class action?
A class action is a lawsuit brought by individual plaintiffs (called class plaintiffs) on their own behalf and on behalf of a larger group of individuals who are alleged to have been similarly wronged by a defendant’s actions. In this case, Dave Milton and Donna Rees bring this class action on their own behalf and on behalf of other management retirees who retired between 2001 and 2021.
What cases can be brought as class actions?
In order for an action to be brought as a class action the action must be “certified” by the court. The court will certify a class action if all of the following elements of the test for certification are satisfied:
- the pleadings or the notice of application disclose a cause of action;
- there is an identifiable class of two or more persons that would be represented by the representative plaintiff;
- the claims or defences of the class members raise common issues;
- a class proceeding would be the preferable procedure for the resolution of the common issues; and
- there is a representative plaintiff who would fairly and adequately represent the interests of the class, has produced a workable plan for the proceeding, and does not have an interest in conflict with the interests of other class members.
The plaintiffs in this case are in the process of scheduling a motion for certification. If the matter is certified as a class action, the matter will proceed through the ordinary steps of litigation.
Am I required to participate?
There is no obligation for class members to opt in to participate in the potential outcome of the class action. After certification members of the class will be given an opportunity to “opt out” of the class action. If a class member does not opt out, they will be bound by the result of the class action. If a class member does opt out, they will not be entitled to participate in the outcome of the class action, including any damages or enhanced benefits achieved.
How are legal fees and disbursements paid?
Wright Henry LLP’s legal fees are only paid if the action is successful and there is recovery for the plaintiffs.