3 recent cases highlight risks of changing health benefits for retirees
The decision to reduce post-retirement benefits for retirees does not come without legal risk. Reductions of this nature have been the subject of various legal challenges by Canadian retirees in recent years. While retirees contested their former employer’s right to proceed with such reductions after their retirement, many of these claims were settled prior to any judgment being rendered.
However, two recent decisions addressed the validity of changes to post-retirement programs for non-unionized employees — the decision of the British Columbia Court of Appeal in Lacey v. Weyerhaeuser Company Limited and the ruling of the Ontario Superior Court of Justice in O’Neill v. General Motors of Canada.
