2013 QCCQ 4830, 2013 QCCQ 4830

Poplawski c. McGill University 2013 QCCQ 4830 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-32-127460-113 DATE: May 23, 2013 ______________________________________________________________________ BY THE HONOURABLE MARTINE L. TREMBLAY, J.C.Q. ______________________________________________________________________ SLAWOMIR POPLAWSKI Plaintiff vs.

MCGILL UNIVERSITY -and- MANULIFE FINANCIAL Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims $ 817 from Defendants solidarily, representing Health and Dental benefits payable under the collective insurance plan covering the employees of McGill University (the "Benefit Plans" ) (Exhibits DF-1 and DF-2). QUESTION IN DISPUTE [ 2 ] What is the effect of Plaintiff's termination of employment on his coverage under the Benefit Plan?

THE FACTS [ 3 ] Plaintiff worked for Defendant, McGill University (" McGill "), from 1988 until November 2nd, 2010, as a research technician. [ 4 ] As an employee of McGill, Plaintiff benefited from the Benefit Plans. Premiums are deducted at source from the employee’s pay, twice a month. [ 5 ] On November 11, 2010, McGill issued a cheque (Exhibit D-3) to pay Plaintiff's vacation bank.

It deducted premiums for Dental and Health coverage under the Benefit Plans. [ 6 ] On November 15, 2010, McGill issued a pay cheque covering the pay period terminated on that day (Exhibit D-4) and deducted 50% of the insurance premiums payable under the Benefit Plans for the month of October and 50 % payable for the month of November 2010, that is to say up to that date.

These premiums were never refunded and McGill advised Manulife (Exhibit DF-3) that, for purpose of the Benefit Plans, the date Plaintiff’s employment was terminated was November 15, 2010, which is the last day of the period for which a premium was deducted from Plaintiff’s pay. [ 7 ] Plaintiff consulted a chiropractor on November 22, and December 6, 2010. His wife and children consulted a dentist on December 7, 2010 (Exhibit P-1). He filed a combined claim of $817.

Defendant Manulife Financial (“ Manulife ”), as administrator of the Benefit Plans, admits that $ 602.70 is eligible under the Benefit Plans, but declined to pay, alleging that Plaintiff’s termination of employment entails the termination of his coverage under the Benefit Plans. [ 8 ] On December 21, 2010, McGill refunded through direct deposit (Exhibit D-6), the premiums deducted on the cheque of November 11, 2010 (Exhibit D-3) for the Health and Dental coverage. It claims that the deductions were made by error. ANALYSIS [ 9 ] The Court is not seized with an action for wrongful dismissal.

It cannot determine, in a vacuum, if McGill was entitled or not to terminate the Plaintiff's employment and, in the negative, what amount of damages, if any, are payable to Plaintiff and what is the nature

of the damages. [ 10 ] The Court must decide only Defendant's contractual obligations towards Plaintiff under the Benefit Plans, considering that premiums were paid up to November 15, 2010. [ 11 ] As an agent of McGill, Manulife does not assume McGill's liabilities under the Benefit Plans. Its role is administrative in nature and

article 2157 of the Civil Code of Quebec obliges the Court to dismiss the action in as much as it is directed towards Manulife. [ 12 ] The claim against McGill must also be dismissed considering the clear wording of

section 6.1(

a) of the Benefit Plans (Exhibit DF-1 and DF-2) to the effect that coverage ceases at the date of an employee's termination of service. [ 13 ] Plaintiff invokes

section 12.5 of the Benefit Plans (Exhibit DF-1 and DF-2) and argues that the Benefit Plans procure him coverage for an additional period of 90 days following the termination of his employment. The Court disagrees. This

section governs the relationship between McGill and Manulife regarding the payment of claims in the event the Benefit Plans are terminated. FOR THESE REASONS, THE COURT: [ 14 ] DISMISS Plaintiff’s action; [ 15 ] THE WHOLE without costs. __________________________________ MARTINE L. TREMBLAY, J.C.Q. Date of hearing: April 29, 2013