Executive Summary: Key Legal and Evidentiary Issues

• Employer failed to remit required pension contributions under a mandatory retirement regime for subsidized childcare staff

• Default judgment granted after defendants failed to respond to court summons

• Documentary evidence confirmed prolonged non-compliance with reporting and payment obligations

• Additional administrative and legal fees were imposed due to repeated defaults and enforcement efforts

• Personal liability was assigned to the corporate director under Quebec’s pension legislation

• Court ordered full payment of $32,039.94 and compelled future compliance with pension rules

Background and statutory obligations
The Comité de retraite du régime de retraite des CPE et des garderies privées conventionnelles du Québec is responsible for administering the pension plan for employees working in Quebec’s subsidized early childhood education sector. Under the relevant provincial laws, including the Loi sur les régimes complémentaires de retraite and related childcare statutes, licensed childcare providers receiving government subsidies are required to participate in this pension regime. The employer must deduct and remit both employee and employer contributions, submit monthly reports, and cover administrative costs if they default.

Nature of the claim and procedural history
In this case, the Comité sued 9044-1890 Québec inc. (operating as Garderie Do-Ré-Mi) and its director, Pam Ford, for unpaid pension contributions covering the period from January 2024 to February 2025. The defendants had previously been the subject of enforcement proceedings for similar failures, and despite repeated notices, they continued to default on their obligations. The Comité filed an initial claim for $22,238.42, later amended to reflect updated arrears totaling $32,039.94. The defendants failed to respond to the claim, and the Comité moved for a default judgment.

Breakdown of the amounts claimed
The total amount sought included $26,911.63 in unpaid contributions, $3,750 in administrative fees, and $1,378.31 in legal fees. The Régime’s internal policies impose monthly penalties for non-filing and additional charges after continued non-compliance. The court accepted these amounts as justified under the applicable regulations and contractual provisions of the pension plan.

Legal findings and personal liability
Justice Magali Lewis of the Court of Québec found that the Comité had proven the essential elements of its claim. Importantly, under Article 52 of the Loi sur les régimes complémentaires de retraite, Pam Ford, as an administrator of the corporation, was held jointly and severally liable for the unpaid amounts. The court noted that the Garderie had failed to file monthly contribution reports for multiple periods and did not remit payments despite being given opportunities to cure the defaults.

Judgment and enforcement
The court granted the Comité's request in full, ordering the defendants to pay $32,039.94 plus applicable interest. It also mandated compliance with ongoing pension obligations and awarded court costs. The ruling reinforces the enforceability of pension remittance rules in the subsidized childcare sector and the ability of retirement committees to recover arrears directly from corporate administrators when defaults persist.