Banerjee v Saskatchewan
Dianne Banerjee
Law Firm / Organization
Ludwar Law Firm
Lawyer(s)

James W. Ludwar

The Government of Saskatchewan
Law Firm / Organization
McKercher LLP
Lawyer(s)

Jason M. Clayards

John Doe Corporation
Law Firm / Organization
Unrepresented
Saskatchewan Telecommunications
Law Firm / Organization
McDougall Gauley LLP
Lawyer(s)

Calen Nixon

Unifor Local 1-S
Law Firm / Organization
Gerrand Rath Johnson LLP
Lawyer(s)

Samuel Schonhoffer

Facts:
Dianne Banerjee, an employee of Saskatchewan Telecommunications (SaskTel), sought long-term disability benefits under the DIP after her benefits were denied in 2016. The plan was administered by PEBA, not directly incorporated into her union’s CBA.

Legal Issues:
The Government of Saskatchewan argued the claim should proceed via judicial review or arbitration under the CBA. Ms. Banerjee contended litigation was appropriate.

Court’s Findings:
The court ruled that the DIP plan explicitly permitted litigation and that the denial of benefits was not subject to arbitration under the CBA. Judicial review was also deemed inappropriate because PEBA lacked quasi-judicial authority.

Costs Awarded:
The court awarded $5,000 in costs to Ms. Banerjee, $2,500 to Unifor (her union), and $2,500 to SaskTel, emphasizing her claim was properly brought in court.

Court of King's Bench for Saskatchewan
QBG-RG-00054-2017
Labour & Employment Law
$ 10,000
Plaintiff