A retired tax lawyer for the federal government sued his former employer because he alleges the government failed to fulfil its duty of care in regard to giving him complete and accurate information about his pension options.
In McLaughlin v. Canada (Attorney General), John McLaughlin, who represented himself at trial, said that, had it not been for the incorrect information he received, he would have not retired at that time and would have sought different pension payout options. He claimed $2.5 million in compensatory damages and $2 million in punitive damages.
His claims, brought under rule 21.01(1)(a), were dismissed Jan. 22 by justice David Stinson of the Ontario Superior Court of Justice. Rule 21 is a tool used to determine and rule out unsuccessful claims prior to trial. In the decision, Stinson states, "Rather, this motion is tantamount to ‘litigating in slices,’ a practice that runs counter to the established goals of determining disputes in the most expeditious and least expensive fashion."