Executive Summary: Key Legal and Evidentiary Issues

• The court's April 9, 2026 judgment dismissed Kraft Heinz Canada ULC's application to dismiss the action based on res judicata and abuse of process.
• Partial certification allowed the class action to proceed for participants meeting two specific eligibility criteria under Option 2 of the retirement plan.
• Actuarial valuation of the bridging benefit ("prestation de raccordement") relied on a report prepared by Rémi Laroche and Charles Lemieux dated May 1, 2023.
• Quantification required a multi-stage interest calculation, moving from a 2016 principal amount to a 2018 total, with further statutory interest continuing to accrue.
• Confidentiality protections were ordered for personal information belonging to 138 group members contained in Annex A and several other exhibits.
• Proceedings were formally split into two stages, with this June 23, 2026 judgment addressing the second-stage quantification following the earlier April 9, 2026 decision.

Facts of the case

Yvon Milliard brought a class action against Kraft Heinz Canada ULC in the Superior Court of Quebec, district of Montreal, on behalf of participants in the retirement plan for hourly and non-unionized employees of Kraft Canada inc., specifically those associated with the bulk cheese plant, the Vaudreuil distribution centre, and the Mont-Royal plant. On April 9, 2026, the court rendered a judgment dismissing Kraft Heinz Canada ULC's application to dismiss the proceeding on the grounds of res judicata and abuse of process, and partially allowed the class action. The court declared that the defendant owed each eligible participant under Option 2 of the plan — meaning those hired before January 1, 2007, and who had reached age 55 on or before December 31, 2023 — the actuarial value of their bridging benefit, together with interest and the additional indemnity provided under article 1619 C.c.Q., calculated from the date the application for authorization of the class action was served. The class action was dismissed as to all other group members. The court split the proceeding into two stages, with the second stage reserved for identifying eligible members and quantifying the total collective recovery. That second-stage hearing took place on June 23, 2026, giving rise to the judgment now under review.

Policy terms and plan provisions at issue

The dispute centered on the bridging benefit available under Option 2 of the Kraft Canada inc. retirement plan, with its value to be determined according to Annex D of the actuarial report prepared by Rémi Laroche and Charles Lemieux, dated May 1, 2023. Without admission and subject to reserving their respective rights, the parties agreed that the amounts payable under the April 9, 2026 judgment concerned 138 group members, with individual figures detailed in Annex A, totaling $3,355,976.97 as of December 31, 2016. The parties further agreed that these amounts bore interest at a rate of 2.20% annually from January 1, 2017 until the filing of the application for authorization of the class action on November 2, 2018 — bringing the total payable as of that date to $3,492,990.48 — with legal interest and the additional indemnity under article 1619 C.c.Q. applying from November 2, 2018 onward.

Court's reasoning and analysis

Much of the quantification in this judgment rests on the parties' own agreement as to the number of eligible members, the underlying actuarial figures, and the applicable interest calculations, rather than on contested findings by the court. The court did apply the applicable principles governing the award of court costs and expert fees, though the judgment does not elaborate on those principles beyond referencing them. The court also found it necessary and proportionate, given the circumstances of the case, to protect the personal and confidential information of group members contained in Annex A and in a number of identified exhibits.

Ruling and outcome

The court condemned Kraft Heinz Canada ULC to pay the 138 group members a total sum of $3,492,990.48, with legal interest and the additional indemnity under article 1619 C.c.Q. calculated from November 2, 2018 — meaning the amount ultimately payable will exceed this figure once ongoing interest is added, though the document does not state a further updated total. The claims of these members were made subject to a collective recovery order. Personal information such as social insurance numbers, names, genders, ages, and various dates relating to plan participants and their spouses was declared confidential and ordered sealed, with disclosure prohibited except among the parties, their lawyers, experts, and the claims administrator for purposes of the litigation. Costs of the proceeding, including notice and claims-administration fees but excluding expert fees, were awarded in favour of the successful party — Yvon Milliard and the class members he represented.