Annual Contribution to Canada Post’s Drug insurance Plan

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On June 9, 2021, Justice Martin F. Sheehan approved a settlement agreement that was reached between the parties in March 2021. You can read the judgment approving the agreement by clicking here.

This agreement follows, among other things, a letter sent to the Court by the Attorney General of Quebec confirming the position of the Government of Quebec that, as an employer under federal jurisdiction, Canada Post is not required to comply with the Act respecting prescription drug insurance (the “Act”). Upon reflexion, it was determined that it no longer made sense to pursue a class action seeking a declaration that the Act applies to Canada Post.

That said, research conducted by the plaintiff and TJL revealed that many Canada Post employees/retirees with high drug costs were unaware that they have the right to opt for coverage under the public drug insurance plan administered by the Régie de l’assurance maladie du Québec. In many cases, this option could allow these individuals to substantially reduce their drug costs. The settlement agreement therefore provides that Canada Post will inform – by letter and via Intranet – all its employees and retirees residing in Quebec of this right. Please refer to Canada Post’s notice (Schedules A and B to the settlement agreement) for important information on this right.

The cause

This action concerns the drug plan contributions required by Canada Post from its employees and retirees. In many cases, these contributions exceed the annual maximum provided by the Act respecting prescription drug insurance.

Are you covered by this class action?

You are a member of the class action if:

– You are an employee or retiree or have been employed by Canada Post at any time on or after
July 8, 2013;

– You have resided in Quebec since July 8, 2013, or have resided there at any time on or after
July 8, 2013;

– You paid, while under 65 years of age, amounts exceeding the maximum annual contribution provided by the Act respecting prescription drug insurance (i.e. $992.00 for the period from July 1, 2013, to June 30, 2014, 1,006.00 for the period from July 1, 2014, to June 30, 2015; $1,029.00 for the period from July 1, 2015, to June 30, 2016; and $1,046.00 for the period from July 1, 2016, to June 30, 2017) as a result of the insurance coverage offered by Canada Post.

History of the class action

On July 8, 2016, Mr. Réal Robillard filed an Application for authorization to institute a class action against Canada Post.

On June 14, 2017, in addition to granting representative status to Mr. Robillard, Justice Donald Bisson of the Superior Court authorized the following class action:

An action for reimbursement and a request for a permanent injunction against
Canada Post Corporation, based on the Act respecting prescription drug insurance.

The members of this class action are jointly represented by TJL and Trivium Avocats.