Larkin v. Johnson
Wendy Larkin
Law Firm / Organization
Victory Square Law Office
Nicole Hulbert
Law Firm / Organization
Victory Square Law Office
Tracy Noseworthy
Law Firm / Organization
Victory Square Law Office
Cheryl Trevision
Law Firm / Organization
Victory Square Law Office
Marni Johnson
Law Firm / Organization
Not Specified
Frederick Bobye
Law Firm / Organization
Not Specified
Kenneth Hahn
Law Firm / Organization
Not Specified
Ron Johnston
Law Firm / Organization
Not Specified
Norm Krannitz
Law Firm / Organization
Not Specified
Heather Johnson
Law Firm / Organization
Not Specified
Ted Schisler
Law Firm / Organization
Not Specified
John Allen
Law Firm / Organization
Not Specified
Lee Rhodes
Law Firm / Organization
Not Specified
Diane Sullivan
Law Firm / Organization
Not Specified
Matt Sheehy and David Gaskin, being Trustees of the British Columbia Credit Union Employees’ Pension Plan
Law Firm / Organization
Not Specified
  • Case Overview: The appellants, members of the British Columbia Credit Union Employees’ Pension Plan, contested the trustees' decision to extend the normal retirement age from 62 to 65. The lower court's summary dismissal of their action was upheld by the Court of Appeal.

  • Key Issues on Appeal:

    • Document Exclusion and Summary Trial Appropriateness: The appellants challenged the exclusion of certain documents and the decision to handle the case through a summary trial. The appellate court affirmed the lower court's decision, noting that the documents in question largely duplicated the existing record, and the matter was suitable for summary determination.
    • Merits of the Case: The appeal also contested the merits of the dismissal, arguing that the trustees did not properly consider relevant information or acted on outdated projections when changing the retirement age.
  • Court’s Findings:

    • Trustees’ Actions: The Court found that the trustees acted within their discretion and followed appropriate processes. The trustees relied on expert advice and acted in what they believed to be in the best interest of the plan members, considering long-term sustainability of the pension plan.
    • Procedural and Evidentiary Issues: The court held that the procedural fairness was maintained throughout the trial, and the appellants had ample opportunity to present their case.
  • Conclusion: The Court of Appeal dismissed the appeal, supporting the lower court’s findings that the trustees had acted within their scope of discretion and authority without any reviewable errors in their decision-making process.

Court of Appeals for British Columbia
CA48287
Labour law
Respondent