Unilateral modification to a pension plan
The class action seeks compensation for the bridge benefit that the class members lost as a result of Kraft Heinz’s illegal unilateral amendment of its pension plan.
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On April 9, 2026, the Honourable Justice Serge Gaudet, J.S.C., granted the class action in part and dismissed the defendant’s declinatory exception and motion to dismiss. He held that only those class members who had reached the age of 55 on or before December 31, 2023 are entitled to the actuarial value of their bridge benefit, calculated as of December 31, 2016, being the date of termination of the pension plan. This constitutes a favourable outcome for 138 of the 403 class members.
However, this initial judgment did not yet resolve the issue of the amounts to be paid. That issue was subsequently decided following a hearing held on June 23, 2026. This second judgment orders Kraft Heinz Canada ULC to pay the 138 members entitled to the bridging benefit a total of $3,492,990.48. Interest at the statutory rate will be added to this amount as of 2 November 2018, along with the additional compensation provided for by law.
On July 29, 2026, Kraft Heinz Canada ULC filed an appeal of these two judgments, seeking a ruling that the Superior Court lacked subject-matter jurisdiction to hear the case, to set aside the judgment rendered by the Superior Court, and to dismiss the class action. The plaintiff, Yvon Milliard, filed a cross-appeal seeking to have his class action upheld in its entirety and to have Kraft Heinz Canada ULC ordered to pay each class member the actuarial value of their bridge benefit. You can view the cross-appeal brief here.
History of the case
On February 24 2020, Justice Suzanne Courchesne of the Superior Court authorized Mr. Yvon Milliard to institute a class action against Kraft Heinz for the loss of the bridge benefit.
The trial took place in December 2025, and the two judgments on the merits were handed down on April 9, 2026 (Phase 1) and June 23, 2026 (Phase 2).
The defendant, Kraft Heinz Canada ULC, filed an appeal of the two class-action judgments in July 2026. The plaintiff, Yvon Milliard, filed a cross-appeal in August 2026.