Pension Law

Maurer v. McMaster University

In this case, several applicants, on their own behalf and on behalf of all of the members of the McMaster University Faculty Association, brought an application challenging:

• the university's right to use the surplus in the pension plan to take contribution holidays;
• the university's right to unilaterally amend the plan to provide that it was entitled to any surplus during and at the termination of the plan; and
• the university's duty to disclose and negotiate contribution holidays and plan amendments with the faculty association.

The applicants were not successful at trial, but the Court of Appeal allowed the appeal on the second question, holding that the university did not have a right to unilaterally amend the plan.

The applicants were represented by Howard Goldblatt.

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