In August 2009, Torys was successful on behalf of
Sun Life Assurance Company of Canada (Sun Life) in moving to dismiss a proposed class action on the grounds that the action is within the exclusive jurisdiction of a labour arbitrator and the court is without jurisdiction to hear it. The proposed class action concerned the interpretation of the long-term disability (LTD) benefit provision of the group insurance policies in place for nurses at participating member hospitals of the Ontario Hospital Association.
Sun Life successfully argued that the LTD benefit provisions at issue had been the subject of collective bargaining over decades and had been incorporated into the collective bargaining agreement between the Ontario Hospital Association and the Ontario Nurses Association, such that any disputes regarding LTD benefits were required to be arbitrated. The Ontario Hospital Association intervened in support of Sun Life on the motion. Sun Life also brought a summary judgment motion to dismiss on the grounds that the claims of the proposed representative plaintiffs were statute barred. Justice Lax found that it was unnecessary to decide this motion in light of her finding on the jurisdictional motion.