Pension Law

Bathgate v. National Hockey League Pension Society

In this case, several retired professional hockey players applied in a representative capacity for a declaration of entitlement to surplus funds in the form of "experience rate credits" which had arisen from contributions made to the pension society between 1948 and June 30, 1982. The National Hockey League Pension Society and NHL clubs took the position that the surplus funds belonged to the hockey clubs.

The trial judge agreed with the retired players, holding that the players were entitled to all excess funds in the plan. The Court of Appeal upheld the decision and leave to appeal to the Supreme Court of Canada was denied.

The National Hockey League Players' Association intervened in the case to protect the interests of players who had contributed to the plan after June 30, 1982.

The NHLPA was represented by Michael Mitchell and Dona Campbell.

Click here to read the Court of Appeal's decision.