Western Star Pension Class Action
Western Star Decision Delayed until February, 2012
Written by Dan GleadleThe Honourable Madam Justice Ballance has notified counsel that her decision on the issue of the claims by certain persons who failed to opt in to the class action will not be handed down for about six weeks. By our calculation, that should be by approximately mid-February.
Our judges are extremely busy on many cases, and delays of this nature are not unusual.
Once the decision is rendered, we hope to be in a position to work with the actuary, Mr. Demner, to conclude the final distribution.
On July 6th and 7th, 2011, Dan Gleadle, counsel for the representative claimants, and Jennifer Francis, counsel for Freightliner Ltd. appeared before the Honourable Madam Justice Ballance, the Case Management Judge, and made submissions regarding the scope of the distribution group. This hearing was required because 8 individuals who were not residents of BC at the time of the certification of the action as a class proceeding, in 2005, and who did not opt into the class action as was required, had applied to be entitled to share, even at this late date.
Submissions extended over two days, and at the conclusion of the hearing, Judge Ballance advised that due to other pressing committments, it was unlikely that a decision would be made on this issue until the fall.
As soon as a decision is delivered, and we are advised, it will be posted on this website.
Until the Court gives directions on the question of the persons entitled to share in the distribution it is unlikely that the actuaries will be able to make any further distributions.
Court Order Entered Setting Process for Claims to Share in Distribution
Written by Dan GleadleOn April 8, 2011 the BC Supreme Court registry entered (formalized) the order of Madam Justice Ballance setting out the process to be followed to assess the claims of persons entitled to share in the distribution of remaining funds. The actual order can be viewed by clicking the link below. The order was "pronounced" on March 16th.
Court Announces Date for Hearing to Settle Claims by persons alleging Insufficient Notice of Opting In Requirement
Written by Dan GleadleOn 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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Court Date set for Directions to Assess Claims by Persons wanting to share in Distribution
Written by Dan GleadleThe BC Supreme Court Registry has today scheduled a one hour hearing before the Honourable Madam Justice Ballance, the Case Management Judge, to hear submissions about the process which should be followed by those persons who claim to be entitled to share in the remaining funds. It is expected that this process will involve applications by the claimants to the Court for inclusion.
Counsel will appear in Court and make submissions on this subject at 9 am on March 16, 2011.
When directions are available from the Court as to the process and timetable we will post them on this website.
Class counsel attended the Vancouver Courthouse on the morning of July 15, 2010 and addressed submissions to the Honourable Madam Justice Ballance regarding process which should be followed to determine the entitlement of persons who are not currently class members, to share in the settlement proceeds.
The court directed that counsel provide written submissions by the end of August as to the appropriate process to be followed.
The outstanding issue is the entitlement to share in the settlement proceeds of persons who were mailed notice of the class proceeding, and the required opt-in process for NON BC RESIDENTS, but at the wrong address. The Court will consider whether NON BC RESIDENTS who did not in the period January - May, 2005 reside at the address to which Freightliner mailed notices, who did not receive notice in some other way, and who, if notified, would have opted-in, should share in the remaining funds available for distribution.
Written submissions will be provided in accordance with the Court's direction, and the Court will then determine what further steps are required.
Class counsel attended the Vancouver Courthouse on the morning of June 15, 2010 to appear before the Honourable Madam Justice Ballance, and to obtain directions as to the process which should be followed to determine the entitlement of persons who are not currently class members, to share in the settlement proceeds.
Unfortunately, due to a mixup between Freightliner counsel and the Court Registry staff, the matter was not properly set down for hearing.
Counsel for Freightliner will be coordinating a new date so that directions can be received, and we can move forward to complete the distribution.
When a new date is set, we will advise here.
Possible Claims by Persons Not Currently Entitled to Share in Distibution
Written by AdministratorIn connection with the distribution of settlement funds, certain individuals have indicated either to TevlinGleadle, Faskens, solicitors for Freightliner, or the actuaries who are handling the distribution that they feel entitled to share in the distribution, even though they are not currently class members. As we understand it, there are currently 14 individuals who have indicated a concern of this sort. These individuals advise, in the main, that they were employees of Freightliner, residing and working in the US at the time of the certification of the action as a class proceeding. They all say they did not receive a mail out in accordance with the Certification Order. Freightliner itself handled the mail out. These 14 individuals say they did not have the opportunity to opt-in that they should have had if notice was given properly. The individuals seek to be included in the distribution of the funds now held for the current class. The actuaries have estimated the claims of the 14 persons who wish to be included in the distribution to be approximately $182,000.
As matters currently stand, the class is constituted according to the certification process mandated by the court. The class currently sharing in the distribution includes 116 non-BC residents who opted in, after learning of the class proceeding and the opt-in process required by the Certification Order.
There is potentially a large group of non-residents who did not opt in. The 14 individuals who now seek to be included may be the only ones who did not receive a mail out, but there may be others.
Freightliner's counsel has advised TevlinGleadle that Freightliner intends to propose to the court that the balance of settlement funds held for distribution to those who are currently class members be used to pay the claims of persons who did not opt in due to problems with the mail out.
TevlinGleadle, the actuaries, and Peter Gregg, representative plaintiff are all of the view that if certain individuals did not receive a mail out from Freightliner as required by the Certification Order, Freightliner itself should address the concerns of the said individuals itself, by voluntarily paying the proportionate claims of those individuals, if valid (and any valid claims of others who may not have received a proper mail out).
If the claims of non-BC residents who did not opt in are not addressed in this way, their claims could be pursued in separate litigation, as the Certification Order did not deal with their claims.
Class counsel, and counsel from Faskens will appear before the Case Management Judge, Madam Justice Ballance, on either May 31st or June 1st, 2010, to address the issue of what process ought to be followed to determine if any other persons should be allowed to advance a claim to share in the distribution due to lack of proper notification at the Certification stage.
Request for Address Information - Needed for Distribution
Written by AdministratorThe actuaries conducting the distribution of the Western Star Pension Class Action settlement require additional information to locate those who are or may be entitled to receive a portion of the settlement funds.
The first distribution has been made, but a number of cheques have not been delivered or cashed, presumably due to incorrect address information.
The list of persons who were to receive cheques, but for whom correct addresses are required can be viewed by clicking the link below:
- Recipients of First Distribution - Missing Address List.
Also, there is a large group of people potentially entitled to receive apart of the second distribution, for whom address information and proof of BC residency during the relevant time is required. The list of persons for whom additional addresses are required, and who MAY be entitled to a distribution can be viewed by clicking
- Potential Recipients of Second Distribution - Missing Address List.
YOUR HELP IS REQUESTED. Please click both links above and send current contact information for any of the persons on the list to
Rose Wong
Demner Consulting Services Ltd.
280 – 2025 West 42nd Avenue
Vancouver, B.C.
V6M 2B2
Phone: 604-266-2445
Fax: 604-266-1530
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