Nolan et al—representing certain members and former members of the Kerry(Canada)Inc. pension plan—have sought permission to appeal to the Supreme Court of Canada.

Christine Tabbert, a partner with Fasken Martineau who also represented Kerry in the Ontario Court of Appeal case, says their response is due in early October.

With some appeals courts, there is an automatic right to appeal. But at the Supreme Court, that’s not the case, one has to get leave(permission). The pensioners have put together their application materials for that and then the Court will decide whether it will allow them to appeal.

In June, The Ontario Court of Appeal released its decision regarding Kerry(Canada)Inc. v. DCA Employees Pension Committee. That overturned the Divisional Court’s decision in Nolan v. Superintendent of Financial Services.

Click here for more information on the case in our special section, The Kerry Decision.

To comment on this story, email

Copyright © 2020 Transcontinental Media G.P. Originally published on

Join us on Twitter