How have courts dealt with a claim for reimbursement by the trustees of a long term disability plan that precluded double indemnity?
British Columbia, Canada
The following excerpt is from IWA Pension Plan v. MacKenzie Sea Services Ltd., 2003 BCSC 983 (CanLII):
In Anderson v. Buydens, [1998] B.C.J. No. 2675 (S.C.) the recipient to long term disability benefits paid under a plan that precluded double indemnity challenged the court’s jurisdiction to entertain a claim for reimbursement by the trustees. It was argued that the court had no jurisdiction even though the trustees of the plan were not parties to the collective agreement and could not avail themselves of the arbitration procedures under the agreement.
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