{"id":81,"date":"2006-03-12T21:16:22","date_gmt":"2006-03-13T05:16:22","guid":{"rendered":"http:\/\/schenklaw.ca\/?p=81"},"modified":"2006-03-12T21:22:17","modified_gmt":"2006-03-13T05:22:17","slug":"pension-entitlement-negligent-misrepresentation","status":"publish","type":"post","link":"https:\/\/schenklaw.ca\/?p=81","title":{"rendered":"Pension Entitlement: Negligent Misrepresentation"},"content":{"rendered":"<p>Does a pension plan administrator have a duty to advise plan members that it is contemplating making benefit improvements to the plan? <\/p>\n<p>An employee retires and takes a pension, only to find out after retirement, that the benefit package would be that much better at a later retirement time. As an employer and plan administrator have you made a misrepresentation and are you liable?<\/p>\n<p>The Ontario Court of Appeal examines this issue in <a href=\"http:\/\/www.ontariocourts.on.ca\/decisions\/OntarioCourtsSearch_VOpenFile.cfm?serverFilePath=d%3A%5Cusers%5Contario%20courts%5Cwww%5Cdecisions%5C2005%5Cnovember%5CC41729%2Ehtm\"><em>Hembruff v. Ontario Municipal Employees Retirement Board<\/em><\/a>, [2005] O.J. No. 4667. Here the plaintiffs cashed out their pensions and lost out on an upcoming plan enhancement. The Court of Appeal indicated that there was no misrepresenation in this case.<\/p>\n<p>The case is a useful read for anyone dealing with retiring employees and advising those employees on their retirement package and benefits that they will receive upon leaving the workplace.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Does a pension plan administrator have a duty to advise plan members that it is contemplating making benefit improvements to the plan? An employee retires and takes a pension, only to find out after retirement, that the benefit package would be that much better at a later retirement time. As an employer and plan administrator [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,2],"tags":[],"class_list":["post-81","post","type-post","status-publish","format-standard","hentry","category-employment-law","category-labour-law"],"_links":{"self":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/81","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=81"}],"version-history":[{"count":0,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/81\/revisions"}],"wp:attachment":[{"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=81"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=81"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=81"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}