Hirschfield v. Canada
HIRSCHFIELD, ROBERT MARCUS
HIS MAJESTY THE KING

- Parties: The plaintiff was Robert Marcus Hirschfield. The defendant was His Majesty the King.

- Subject Matter: The plaintiff moved for an order to certify the action as a class proceeding under r. 334.16(1) of the Federal Courts Rules, SOR/98-106. This action involved the defendant’s alleged improper administration, operation, and management of pension benefits under the Pension Act, 1985 owed to members and former members of the Canadian Armed Forces and the Royal Canadian Mounted Police and their spouses, common law partners, dependants, survivors, and orphans.

- Ruling: The court ruled in the plaintiff’s favour and granted the plaintiff’s motion to certify this proceeding as a class proceeding under r. 334.16(1) of the Rules. The court appointed Robert Marcus Hirschfield as representative plaintiff and Murphy Battista LLP as class counsel. The claims made on behalf of the class concerned allegations that the defendant breached its fiduciary duty to the plaintiff and other class members, was systemically negligent, negligently implemented a statutory scheme, and was unjustly enriched. The class claimed the following relief, among others: declarations; arrears of payments and other losses to the plaintiff and other class members; general, special, exemplary, aggravated, and punitive damages.

- Date: The hearing was set on May 15, 2023. The court released its decision on June 28, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court found no costs payable for this certification motion under r. 334.39 of the Rules.

Federal Court
T-1415-21
Class actions
$ 0
Plaintiff
16 September 2021