Larkin v. Johnson

Background: Wendy Larkin, Nicole Hulbert, Tracy Noseworthy, and Cheryl Trevision, members of the British Columbia Credit Union Employees’ Pension Plan, sued Marni Johnson, Frederick Bobye, Kenneth Hahn, Ron Johnston, Norm Krannitz, Heather Johnson, Ted Schisler, John Allen, Lee Rhodes, Diane Sullivan, Matt Sheehy, and David Gaskin, trustees of the plan, after they amended the plan to increase the normal retirement date from 62 to 65.

Legal Arguments/Issues: The appellants argued the summary dismissal of their action was incorrect due to the exclusion of certain documents, the inappropriateness of a summary trial for the case, and the dismissal on the merits. They claimed breaches of fiduciary duties by the trustees, including the failure to consider all relevant factors, failure to warn members about a solvency deficit, and the exclusion of non-managerial employees from trustee positions.

Court Findings: The appeal was dismissed. The court found that the documents the appellants wished to include were largely already in the evidentiary record. It determined that the summary trial was appropriate as no material conflicts in evidence were identified. The court held that the trustees’ decision-making process was procedurally fair and grounded in the evidentiary record. It concluded that the trustees did not breach their fiduciary duties in decision-making or trustee selection.

Costs and Award: The total amount of costs awarded in favor of the successful party, the respondents, was not specified in the document.