NOTICE OF HEARING
IMPORTANT: This notice is addressed to Garda employees previously
employed by G4S Cash Solutions (Canada) Ltd.
Agreement on the class action concerning recognition of past service under the
Multi-Sector Pension Plan for Garda employees of the province of Quebec.
Syndicat national des convoyeurs de Fonds (SNCF), (CUPE Local 3812)
v. Conseil des fiduciaires du Régime de retraite multi-secteur, Superior Court
District of Montréal: 500-06-000873-170
This notice could affect your rights. Please read it carefully.
An agreement is entered into between the Syndicat national des convoyeurs de
fonds (SNCF), (CUPE Local 3812) (hereinafter the "Union") and the Board of
Trustees of the Multi-Sector Pension Plan (hereinafter the "MSPP") in connection
with an application for authorization to institute a class action against the MSPP
(hereinafter "Class Action").
WHO IS COVERED BY THE AGREEMENT?
The following employees are covered by the agreement:
"All former employees of G4S Cash Solutions (Canada) Ltd.
(hereinafter "G4S") who became employees of Société en
commandite de transport de valeurs Garda (hereinafter "Garda")
following the acquisition of G4S by Garda in January 2014 and
who became eligible for the Multi-Sector Pension Plan as of
October 5, 2014 in accordance with the terms of the collective
agreement between Syndicat national des convoyeurs de fonds
(CUPE, Local 3812) and Garda in force between December 19,
2013, and September 30, 2018" (hereinafter the "Class").
PURPOSE OF THE CLASS ACTION
On January 17, 2014, Garda acquired G4S. Following this acquisition, all G4S
employees in the province of Quebec became employees of Garda and the
bargaining units were reorganized.
On May 22, 2014, the Union became the bargaining agent of the newly
accredited bargaining unit comprising:
"All employees of Société en commandite transport de valeurs
Garda, excluding dispatchers, office employees, head vault
cashier, technical support employees, investigators, road
supervisors, building maintenance workers and warehouse
The former employees of G4S covered by this new unit were integrated by the
collective agreement in force between December 19, 2013, and September 30,
2018, entered into between Garda and the Union. They became eligible for the
Pension Plan as of October 5, 2014.
On July 10, 2017, the Union instituted a Class Action on behalf of the persons
included in the Class.
By the Class Action, the Union aimed for the Class Members, namely the former
employees of G4S who became Garda employees, to benefit from the past
service credit provided in the Pension Plan Rules and Regulations.
On May 28, 2018, the parties entered into a "Settlement Agreement, Transaction,
Release and Discharge" (hereinafter the "Transaction") intended to settle the
dispute. The Transaction is entered into without admission of liability of any
nature and is conditional upon its approval by the Superior Court of Quebec.
The Union applied for and was granted a judgment on the authorization to
institute the Class Action solely for purposes of having the Transaction approved.
SUMMARY OF THE AGREEMENT
What is the purpose of the agreement?
Up to a maximum of five years of past service credit may be recognized for
each eligible Class Member retroactively from October 5, 2014, in accordance
with an amendment to the Pension Plan Rules and Regulations that was
How will the entitlement to past service credit be recognized?
On June 26, 2018, the Financial Services Commission of Ontario approved the
amendment to the Pension Plan Rules and Regulations so that up to five years
of past service credit may be recognized for Class Members.
In accordance with the amendment to the Rules and Regulations, the scope of
past service credit recognized for each Class Member will be established based
on hours worked annually before October 5, 2014 at G4S and Garda.
The coming into force of the amendment to the Rules and Regulations is
conditional on the Court’s approval of the Transaction.
The Class Members or the Union must provide the MSPP with the information
required to determine the scope of their entitlement to past service credit under
the terms of the amendment to the Pension Plan Rules and Regulations.
After approval of the Transaction by the Court, the Class members will receive a
written notice of identification inviting them to provide the information required to
determine the scope of their right to the past service credit.
Ninety (90) days after the notice of identification is sent, the MSPP will send a
letter to the Class Members notifying them of the scope of past service credit
recognized for each of them.
APPROVAL OF THE TRANSACTION BY THE COURT
The Transaction shall be submitted for approval by the Court.
The hearing in relation to the approval of the Transaction will take place on
December 7, 2018 at 9:00 a.m. in the room 2.08 at the Montreal Courthouse
located at 1 Notre-Dame Street East, Montréal, province of Quebec.
The Court will then decide if the Transaction is fair, reasonable and in the best
interest of the Class Members.
WHAT SHOULD YOU DO NOW?
If you are satisfied with the Transaction, you have nothing to do at the moment.
You will automatically benefit from the Transaction after it is approved by the
Court. At that point, you will however need to complete the notice of identification
in order to file your claim with the MSPP.
HOW TO OPT OUT?
If you do not wish to be bound by this Transaction for any reason whatsoever,
you must take steps to opt out of the Class.
What happens if I opt out of the Class?
• You will not be entitled to any past service credit under the amendment to
the Pension Plan Rules and Regulations;
• You will not be bound by the Class Action or this Transaction; and
• You will not be able to oppose this Transaction.
All requests to opt out must be sent by written request to counsel for the Union of
which the address is indicated below.
All requests to opt out must contain the following information:
A) The name of the person objecting, his or her address, telephone number,
fax number and email address (if applicable);
The Class Members who wish to opt out of the Class may use the opt-out or
objection form available on the website of the Union or of the counsel for the
Requests to opt out must be received no later than on November 30, 2018.
HOW TO OBJECT?
You may tell the Court that you do not agree with the Transaction and present
your arguments to the Court to that effect.
How can I present my objection to the Court?
To present your objection or your arguments, you must do so in writing no later
than November 30, 2018 by sending to counsel for the Union an objection form
with the following information:
a) Your name and your contact information; and
b) The reasons for your objection to the Transaction.
The Class Members who wish to object of present arguments may use the optout
or objection form available on the website of the Union or of counsel for the
To present your objection to the Court, you must attend the hearing, which will
take place on December 7, 2018 at 9:00 a.m. in room 2.08 of the Montreal
Courthouse, located at 1 Notre-Dame Street East, Montréal, province of Québec.
EFFECT OF APPROVAL OF THE TRANSACTION
If the Transaction is approved by the Court, the Class Members will be bound by
its terms, with the exception of the members who opted out of the Class by
sending an opt-out request.
This means that all the members who did not opt out of the Class or the Class
Action cannot bring proceedings or pursue another claim or legal proceeding
against the MSPP in connection with the allegations contained in the
proceedings bearing the number 500-06-000873-170.
This notice contains a summary of the settlement and the Class Members
covered by the settlement are encouraged to consult the complete settlement. A
copy of the settlement may be downloaded from the Union’s website at
For more information and access to the text of the agreement, the schedules and
the various forms, please go to the following websites:
You can also contact the Union or counsel for the Union
Jean-Luc Brosseau – Syndicat national des convoyeur(e)s de fonds
1418, Notre-Dame West
Cabinet Danis inc.
370 chemin Chambly, Suite 420, Longueuil, J4H 3Z6
In the event of discrepancy between this notice and the Transaction, the
Transaction shall prevail.
Publication of this notice has been authorized by the Superior Court.