Mercon

Mercon Class Action

An action brought on behalf of all individuals and companies resident in Canada who participated and/or benefited in the Plan (the “Class” or “Class Members”.)

Overview
Settlement

Overview

The Defendants in this proposed class action were jointly responsible for funding and administering the Merit Contractors Association Benefit Plan (the “Defendants’ Plan”) and for providing third party health and welfare benefits to member employees, their families, and their dependents. The allegations in the Action included that the Defendants, or any of them, refused to transfer the proposed class members’ banked hours in their individual hour bank accounts (“Hour Banks”) over to their new benefit plans, after they transferred from the Defendants’ Benefit Plan to participate in one of the Saskatchewan Construction Industry Plan, the Manitoba Construction Industry Plan, the Ontario Construction Industry Benefit Plan, or the Nova Scotia Construction Industry Plan set up by the Plaintiff Merit organizations (collectively, the “New Plans”). The Plaintiffs alleged that this refusal was contrary to representations made by the Defendants to the Plaintiffs and other class members about the portability of their Hour Banks.

Settlement

This matter has now settled between the parties, subject to the Court’s approval of the distribution plan, the settlement agreement, and the fees and disbursements. The Court approval hearing will take place on November 20, 2024.

For more on the proposed settlement and approval hearing, please review the Notice of Certification and Settlement document, attached here.

The settlement agreement is attached here.

For more information, please see the Amended Amended Statement of Claim filed November 2, 2023, attached here.

Class Action Form

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