Orkin Canada Registered Pension Plan
Rectification Application
Click here
Notice of Motion
Orkin Canada Corporation (“Orkin”) is making an application to the Ontario Superior Court of Justice seeking an order rectifying (amending) portions of the Plan text to bring the Plan text into conformity with the way the Plan has been consistently administered (the “Application”). The Application is scheduled to be heard by the Court in Toronto on December 2, 2024.
Further Information
Attention: All current and former members of the Registered Pension Plan for Employees of Orkin Canada Corporation (formerly known as the Registered Pension Plan for Employees of PCO Services Corporation), registered with the Financial Services Regulatory Authority of Ontario (“FSRA”) under No. 0684829 (the “Plan”).
No action is required by you.
Orkin has filed with the court a Notice of Application and an Affidavit describing the facts and including the relevant documents. All Court materials are available for download below:
If you intend to address the Court at the hearing of the Application, please provide notice no later than November 26, 2024, which is 4 days before the scheduled final order hearing date of December 2, 2024, to
The provincial pension regulator, FSRA, is aware of this issue and has been given notice of this Application. FSRA would be required to approve the proposed retroactive amendments, and has stated that it would indeed support a rectification order from the Court in this respect.
The proposed amendments would therefore retroactively amend the Plan effective September 1, 1988, to confirm that the employer-contribution scale noted in the Plan is based on the members’ completed years of membership in the Plan, and that Orkin was and is to provide a contribution of 4% of the Members’ earnings upon five completed years of membership in the Plan.
The proposed rectification would ensure that the Plan terms are consistent with Orkin’s intended employer-contribution, which Orkin has provided to the members of the Plan since the inception of the Plan. Orkin is therefore seeking a court order to “rectify” the Plan terms to fix the drafting error, with retroactive effect to the date the error was introduced. A “rectification” will be consistent with the way the Plan has always been administered and described in, among other things, notices to Plan members of increases in employer contributions. If the rectification order is granted, there will be no change in how pension benefits under the Plan are calculated and paid.
The Application concerns the provisions of the Plan related to Orkin’s employer contributions. Since its inception, the Plan has been administered so that employer contributions increase from 2% to 4% of the employee’s earnings after five years of Plan membership. However, Orkin recently discovered that, due to an unintended drafting error, the Plan text has indicated since the early-1990s that the employer contributions increase from 2% to 4% of the employee’s earnings after five years of service.
Reason for the Application
Affidavit of Jamie Belitz, sworn [•], 2024
Notice of Motion
Draft Order regarding Notice Plan
Order regarding Notice Plan
Schedule A Notice Letter
Schedule B Public Notice
Factum (for Motion)
Factum (for Application)
Graham Splawski GSplawski@blg.com 416.564.9191
If you wish to contact a lawyer, you may consult the Law Society of Ontario’s Lawyer and Paralegal Directory.
Affidavit of Jamie Belitz, sworn October 17, 2024
Notice of Application
Draft Order regarding Notice Plan
Schedule B Public Notice
Schedule A Notice Letter
Order dated October 23, 2024
Factum (for Motion)
Factum (for Application)
FR
Judgment
Endorsement
Factum (for Application)
Factum (for Application)