On January 31, 2008, the Supreme Court of Canada granted the DCA Employees Pension Committee leave to appeal from the Ontario Court of Appeal's unanimous decision in Kerry (Canada) Inc. v. DCA Employees Pension Committee (2007), 86 O.R. (3d) 1, 282 D.L.R. (4th) 227. Costs of the leave application were awarded to the employees in any event of the cause. The case has been closely watched over the course of several tribunal and court decisions by both the pension bar and the pension and benefits industry.
Ari Kaplan and Clio Godkewitsch of Koskie Minsky LLP represent the appellant employees. Fasken Martineau DuMoulin LLP represents the respondent Kerry, with a team comprised of Ronald Walker and Christine Tabbert (litigation), Scott Rollwagen (research) and Peggy McCallum (pensions and benefits).
The Superintendent of Financial Services is represented by Deborah McPhail and Mark Bailey. The appeal is not yet scheduled, but will most likely be heard in late Autumn 2008.