TransAlta Corporation ats United Utility Workers and Landon Melan, [2004] 354 (Pension Surplus Dispute)

Mr. Ferguson was the lead litigation counsel in this action commenced in the Court of Queen's Bench by the UUMA and Melan by Originating Notice of Motion for a declaration that TransAlta breached the terms of its trust agreement and pension plan by utilizing the actuarial surplus for contribution holidays and plan administrative expenses. As a consequence of a successful challenge before Mr. Justice Perras in Court of Queen's Bench in Edmonton on May 29, 2002, the Applicants were directed to proceed by Statement of Claim. On June 7, 2004 the Court of Appeal dismissed the Applicants' appeal [2004] 354 A.R. 58. The UUMA applied for leave to appeal to the Supreme Court of Canada which denied leave on January 27, 2005. A settlement very favourable to Mr. Ferguson's client has led to this action being discontinued in March 2007.