OHA Demutualization - August 2010
Notice to Employees and Former Employees of Member Organizations of the Ontario Hospital Association as of December 29, 1997This Notice May Affect Your Rights - Please Read Carefully
To: All current and former employees of member organizations of the Ontario Hospital Association (“OHA”) who paid a share of premiums and were covered by the OHA’s long-term disability policy (Policy No 2100) as of December 29, 1997.
Purpose of this Notice
This is the Second Notice in these proceedings. You can find the first Notice on the web pages listed below.
The OHA and representatives of its members’ unionized and non-unionized employees have entered into a Settlement Agreement to distribute the proceeds arising from the demutualization of certain insurance policies that Mutual Life had issued to the OHA (the “Proceeds”). An application was brought in the Ontario Superior Court of Justice to obtain court approval of the Settlement Agreement for the proposed distribution of the Proceeds, as a class proceeding. At a hearing on August 17, 2010, the Ontario Superior Court of Justice certified the application as a class proceeding, appointed representative Respondents and approved the Settlement Agreement.
The purpose of this Second Notice is to provide members of the Class with information on how to opt out of this class proceeding and, if eligible, how to apply for funds under the Cash Recipients Fund. For further details with respect to the Settlement itself, please see the first Notice and the Settlement Agreement found at the web pages listed below.
The Class
The Court certified the application under the Class Proceedings Act, 1992 for the purpose of effecting the Settlement on behalf of the following class:
All current and former employees of Participating Employers who were employed by a Participating Employer, paid a share of premiums and were covered under its LTD Policy as of December 29, 1997.
The following individuals were named as the representative Respondents on behalf of the Class: Andy Summers, Lee Rogano, Yves Shank, Mike Tracey, Carol McDowell, Katha Fortier, and Nelia Cabral. There are approximately 41,000 employees and former employees who are members of the Class. For full details of the definition of the class, please review the Settlement Agreement and Court Orders found at the website below....read more
AGREEMENT REGARDING MUTUAL LIFE DEMUTUALIZATION PROCEEDS
BETWEEN:
ONTARIO HOSPITAL ASSOCIATION ON ITS OWN BEHALF AND ON BEHALF OF THE EMPLOYERS LISTED ON SCHEDULE “A” ATTACHED TO THIS AGREEMENT
and
ONTARIO NURSES’ ASSOCIATION (“ONA”), ONTARIO PUBLIC SERVICE EMPLOYEES UNION (“OPSEU”), CANADIAN UNION OF PUBLIC EMPLOYEES (“CUPE”), SERVICE EMPLOYEES INTERNATIONAL UNION (“SEIU”), NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA ( CAW Canada) (“CAW”), Todd Hutchings, Connie DeMedeiros and Nelia Cabral
WHEREAS as of December 29, 1997, the Ontario Hospital Association (the “OHA”) was the policyholder of record for Mutual Life Assurance Company of Canada (“Mutual Life”) Group Policy Nos. 14000 and 2100, which policies were in existence as of December 29, 1997;
AND WHEREAS the OHA was the bargaining agent for employers who, as of December 29, 1997, were members of the OHA and whose employees participated in Policy Nos. 2100 or 14000;
AND WHEREAS from January 1, 1976 to December 31, 1983, long-term disability benefits were insured under Policy No. 14000 but, after 1983, no new premiums were paid under this policy although employees who became entitled to and... read more
BETWEEN:
ONTARIO HOSPITAL ASSOCIATION ON ITS OWN BEHALF AND ON BEHALF OF THE EMPLOYERS LISTED ON SCHEDULE “A” ATTACHED TO THIS AGREEMENT
and
ONTARIO NURSES’ ASSOCIATION (“ONA”), ONTARIO PUBLIC SERVICE EMPLOYEES UNION (“OPSEU”), CANADIAN UNION OF PUBLIC EMPLOYEES (“CUPE”), SERVICE EMPLOYEES INTERNATIONAL UNION (“SEIU”), NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA ( CAW Canada) (“CAW”), Todd Hutchings, Connie DeMedeiros and Nelia Cabral
WHEREAS as of December 29, 1997, the Ontario Hospital Association (the “OHA”) was the policyholder of record for Mutual Life Assurance Company of Canada (“Mutual Life”) Group Policy Nos. 14000 and 2100, which policies were in existence as of December 29, 1997;
AND WHEREAS the OHA was the bargaining agent for employers who, as of December 29, 1997, were members of the OHA and whose employees participated in Policy Nos. 2100 or 14000;
AND WHEREAS from January 1, 1976 to December 31, 1983, long-term disability benefits were insured under Policy No. 14000 but, after 1983, no new premiums were paid under this policy although employees who became entitled to and... read more
ONTARIO HOSPITAL ASSOCIATION DEMUTUALIZATION
Overview
This website has been developed for the exclusive use of unionized employees and unionized former employees of the Ontario Hospital Association (“OHA”) or a participating employer member as of December 29, 1997.
This proposed class proceeding concerns the approval of an agreement to distribute demutualization proceeds to current and former employees of the OHA and its member employers covered under Mutual Life Assurance Company of Canada (“Mutual Life”) Group Insurance Policy Numbers 2100 and 16000 as of December 29, 1997.
OHA was the policy holder for Group Policy No. 2100 and 16000 with Mutual Life which it held for the purpose of providing long-term disability and life insurance benefits for its own employees and employees of its participating employer members. Employees paid a share of the premiums for coverage under Group Policy No. 2100 and 16000. Mutual Life advised OHA of its planned demutualization on March 15, 1999, effective December 29, 1997. This date crystallized the entitlement of policyholders, including OHA to the proceeds of demutualization. As of June 1, 2010 the OHA is holding approximately $22.5 million in demutualization proceeds in trust.
OHA established a steering committee and entered into a consultation process with its participating employers, representatives of the unions, and representatives of non-unionized employees, concerning the sharing and distribution of the demutualization proceeds. These parties reached an agreement to share in the proceeds of demutualization (the “Settlement”) which this proceeding seeks to approve and implement.
The law firm of Cavalluzzo Hayes Shilton McIntyre & Cornish LLP represents the unionized members of the respondent class. To be directed to the Class Action website for the unionized employees and to review the various court documents, please click on the “OHA class proceeding” at www.cavalluzzo.com/Class-Actions.aspx. Additional inquiries can be made by calling 1-877-398-5711.
Demutualization Frequently Asked Questions
What is a class proceeding?
A class proceeding is a lawsuit which provides a means for a large group of people with common claims to join together to advance one large claim. Class proceedings are a more efficient and cost-effective way for groups of people with common legal issues to gain access to the legal system and seek justice...read more
A class proceeding is a lawsuit which provides a means for a large group of people with common claims to join together to advance one large claim. Class proceedings are a more efficient and cost-effective way for groups of people with common legal issues to gain access to the legal system and seek justice...read more
Notice to Employees of Member Organizations of the Ontario Hospital Association as of December 29, 1997 – This Notice May Affect Your Rights. Please Read Carefully
To: All current and former employees of member organizations of the Ontario Hospital Association (“OHA”) who paid a share of premiums and were covered by the OHA’s long-term disability policy (Policy No 2100) as of December 29, 1997.
Purpose of this Notice
The OHA and representatives of its members’ unionized and non-unionized employees have entered into a Settlement Agreement to distribute the proceeds arising from the demutualization of certain insurance policies that Mutual Life had issued to the OHA (the “Proceeds”)...read more
Purpose of this Notice
The OHA and representatives of its members’ unionized and non-unionized employees have entered into a Settlement Agreement to distribute the proceeds arising from the demutualization of certain insurance policies that Mutual Life had issued to the OHA (the “Proceeds”)...read more
_____________________________
_____________________________
What is Central Bargaining?
_____________________________