Case information
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35494
Weyerhaeuser Company Limited v. Lorne K. Lacey, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-11-25 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039826, 2013 BCCA 252, dated May 28, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-10-28 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-09-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-09-24 | Lorne K. Lacey |
| 2013-08-27 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2013-08-26 | Application for leave to appeal, (Book Form), Final CA order missing, draft included in application. (Rec'd 2013-09-11) 4 Volumes, Completed on: 2013-09-10 | Weyerhaeuser Company Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Weyerhaeuser Company Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lacey, Lorne K. | Respondent | Active |
| Kenneth James Miller, Raymond Morris, George E. Plant, Mary Jane Walker | Respondent | Active |
Counsel
Party: Weyerhaeuser Company Limited
Counsel
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9197
FAX: (604) 669-1620
Email: cferris@lawsonlundell.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Lacey, Lorne K.
Counsel
# 500 - 100 West Pender Street
Sun Tower
Vancouver, British Columbia
V6B 1R8
Telephone: (604) 602-7981
FAX: (604) 684-8427
Email: jrogers@vslo.bc.ca
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Kenneth James Miller, Raymond Morris, George E. Plant, Mary Jane Walker
Counsel
# 500 - 100 West Pender Street
Sun Tower
Vancouver, British Columbia
V6B 1R8
Telephone: (604) 602-7981
FAX: (604) 684-8427
Email: jrogers@vslo.bc.ca
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Contracts – Employment – Whether a revised legal standard, and if so which standard, should be adopted to determine if group health benefits have vested for the lifetime of retirees and their surviving spouses – Principle of inter-generational equity – Principle of stare decisis – Whether mutual intent of contracting parties must be clearly established to vest group health benefits for the lifetime of retirees and their surviving spouses
The respondents are retired salaried employees of the applicant or its predecessor. Their retirement benefits plans include health benefits. The health benefits included continued payment by the employer of B.C. Medical Services Plan premiums and extended health insurance paid for in full by the employer. On January 1, 2010, the applicant unilaterally reduced its contribution for retirement health benefits to a fixed amount equal to 50% of the 2010 costs of the benefits. The respondents became responsible for any remaining costs and any cost increases. The applicant stated that it was doing so in order to sustain the viability and affordability of its retirement benefit plans. The respondents originally claimed damages and declaratory relief but, by trial, they only claimed general damages for breach of contract.
Lower court rulings
Supreme Court of British Columbia
S101925, 2012 BCSC 353
Declaratory relief and damages granted to respondents
Court of Appeal for British Columbia (Vancouver)
CA039826, 2013 BCCA 252
Appeal allowed in part, declaratory relief struck, award of damages modified
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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