Healy et al. v. Gregory et al.

On September 11, 2008, SGM filed an application with the Ontario Superior Court seeking a ruling of the Court regarding the interpretation of certain provisions of the NHL Players' Pension Plan, formerly known as the NHL Club Pension Plan and Trust (the "Plan").

The application was filed on behalf of those Trustees of the Plan appointed by the National Hockey League Players' Association (the "NHLPA trustees "). Trustees appointed by the NHL were the respondents in the application (the "NHL trustees").

The issue in the case was how the pre-retirement death benefit provided in the Plan is to be calculated. The pre-retirement death benefit is payable when a former Plan participant dies before he beins to receive his pension. The pre-retirement death benefits affected by the application are those paid or payable to beneficiaries of former NHL players in respect of their service under the Plan prior to July 1, 1986 and for other employees of NHL Clubs in respect of their benefits accumulated under the Plan prior to July 1, 1994.

The NHLPA trustees maintained that the pre-retirement death benefit under the Plan was a "pension-based" benefit that was calculated by determining the communted value (i.e., the present value) of the participant's pension entitlement accrued to the date of his death. The NHL trustees, on the other hand, argued that the pre-retirement death benefit was simply a refund of the contributions that had been made on the participant's behalf, with interest.

The application was heard by Justice Paul Perell of the Superior Court on June 10 and 11, 2009.

On June 18, 2009, Justice Perell released his decision. He agreed with the NHLPA trustees that the pre-retirement death benefit was to be calculated based on the commuted value of the participant's pension entitlement.

To read Justice Perell's decision, click here.

The NHLPA trustees were represented by Jim McDonald and Dona Campbell.