Frequently Asked Questions
- What is the Sun Life class action about?
The Sun Life class action concerns the alleged improper administration of certain universal life policies sold by Metropolitan Life Insurance of Canada (MetLife) between 1987-1998, and now administered by Sun Life.
In particular, the plaintiffs allege that Sun Life increased “cost of insurance” charges and administrative fees on Flexiplus policies based on factors that were not permitted under the policy terms.
The plaintiffs also allege that Universal Plus policies had “Maximum Premium” limits that may have been exceeded by Sun Life when administering the policies.
Initially, the class action advanced claims on behalf of Optimet policyholders that Sun Life improperly increased cost of insurance and administrative fee charges for Optimet policies, and that the policies were also subject to a “Maximum Premium” limit. However, evidence produced during the class action revealed that the only increase to these charges for Optimet policyholders were the pre-set increases in the ninth year of the policy, which were expressly allowed under the policy terms.
- Who is leading this class action?
The class action has been advanced by the Representative Plaintiffs Elden Fehr, Gaetan Laurier, Leslie Michael Lucas, Rebecca Jean Clark, Lloyd Shaun Clark, and James Patrick O’Hara, who were all are purchasers of universal life insurance policies sold by MetLife of Canada between 1987 and 1998.
As Representative Plaintiffs, they have been appointed by the Court to make decisions for the class action on behalf of the Class Members, and to instruct Class Counsel.
- Who are the lawyers for the Class?
Kim Spencer McPhee Barristers P.C. of Toronto are court-appointed Class Counsel. More information about the firm can be found at: www.complexlaw.ca.
- Who is a Class Member?
In general, anyone who owned or owns a Universal Plus, Flexiplus, or Optimet policy from MetLife sold between 1987-1998 is a Class Member. Specifically:
- The “Universal Plus Class” is defined as persons who owned or own a Universal Plus policy sold by MetLife in Canada during the period 1987 though 1998, including any successor owners of the policy.
- The “Flexiplus Class” is defined as persons who owned or own a Flexiplus policy sold by MetLife in Canada during the period 1987 through 1998, including any successor owners of the policy whose monthly costs of insurance and or monthly administration fee was increased in one or more of 2001, 2005, or 2015 or the ninth year of the policy; and
- The “Optimet Class” is defined as persons who owned or own an Optimet policy sold by MetLife in Canada during the period 1987 through 1998, including any successor owners of the policy where an increased cost of insurance rate was charged and paid commencing in year nine of the policy.
- What is the status of the SunLife class action and where can I find any updates?
The parties have reached a settlement in principle to settle the class action. The proposed settlement is subject to Court approval, a process which will proceed on a schedule to be set by the Court. More information will be available here for Class Members after June 1, 2026.
Proposed Settlement
- How much money will I receive through the proposed settlement?
If the proposed settlement is ultimately approved by the Court, details will be provided on eligibility and how compensation will be calculated. The amount will differ for each Class Member, depending in part on the type of policy they have/had and the excess cost of insurance and/or administration charges they may have paid over the course of the policy. More information will be available after June 1, 2026.
- What do I have to do to participate in the proposed settlement?
At this time, you do not have to do anything. If you are a Class Member as described above, you are automatically included in the Class unless you sent a written “opt out” notice to the Notice Administrator prior to the September 17, 2021 opt-out deadline set by the Court.
If the settlement is ultimately approved by the Court, further notice will be provided with details on eligibility and how to participate in the settlement. Please check back here after June 1, 2026.
- What happens on June 1, 2026?
The parties will appear before the Ontario Superior Court of Justice in Toronto to seek approval of formal notice to Class Members of the settlement approval hearing, which will be heard at a later date.
If and when notice of the settlement approval hearing is approved by the Court, the formal notice will be posted on this website.
- Will the proposed settlement be approved on June 1, 2026?
No, the settlement approval hearing will take place at a later date in the fall. Further details will be provided on the formal notice that is approved by the Court.
- Does the proposed settlement cover potential claimants in any and all provinces and territories in Canada?
Yes. If approved by the Court, the proposed settlement will apply to all Class Members across Canada who did not previously opt out of this class action.
- How much are legal fees and who pays them?
If the proposed settlement is ultimately approved by the Court, Class Counsel will request that legal fees and reimbursement of expenses be paid out from the total settlement amount, in accordance with agreements between counsel and the representative plaintiffs. All Class Counsel fees and expenses are subject to Court approval. Class Members will not have to pay out-of-pocket for any legal fees or expenses, although the amount of any compensation received by a Class Member from the settlement will be net of any Court-approved Class Counsel fees and expenses.
Inclusion in the Class Action
- Our policy was one of those within this class action, but we gave up or lost the policy some time ago. Do we have a claim in this class action?
Yes, you might. If your policy is one of those within the class definition, but you gave it up or it lapsed because the overcharges made it too expensive to maintain, you may still have a claim. You should keep informed about the case by continuing to monitor the status of the proposed settlement at http://sunlifeclassaction.com/updates.htm. Please be sure to check the website this summer for updates about the proposed settlement. If you have questions about your particular situation, please contact Class Counsel through the website or by email.
- I know I was the beneficiary on one of these policies, but the policyholder gave it up some time ago. Do I have any claim in the class action?
No, beneficiaries generally do not have a claim in this action unless they are also policyholders and fall within the Class Member definition as set out above. If you have questions about your particular situation, please contact Class Counsel through the website or by email.
- On one of these policies, the person whose life was insured died some time ago and the beneficiary received the death benefit. Do we have any claim in the class action?
The (former) policyholder may have a claim to recover overcharges. But if the policy remained in force and the death benefit was eventually paid out, the class action probably covers only the claim for overcharges paid by the policyholder. If the policyholder is deceased, then the claim belongs to their estate. If you have questions about your particular situation, please contact Class Counsel through the website or by email.
- When the policy premiums and charges got more expensive, I contacted Sun Life and arranged with them to receive a replacement policy with terms I could afford. As part of that arrangement, I signed a release form. Do I have any claim in the class action?
This issue, including the effect of any release, was not certified in the class action. Please contact Class Counsel through the website or by email if you are in this situation and for more information.
General information
- What is a class action?
A class action is a lawsuit that allows for a large group of people (class members) with common or comparable claims to participate in the lawsuit asserting the common claims against another party (defendant). Class actions are an efficient and cost-effective way for groups of people with common legal issues to gain access to the legal system and seek justice.
The idea of a class action is that, rather than hundreds or thousands of individuals bringing individual separate lawsuits to seek damages for the same act or conduct, one or several “representative plaintiffs” represents the group (class) of people to prosecute the action and instruct the lawyers. This means the many individual class members do not need to incur the financial and emotional strain of hiring their own lawyers and bringing their own actions.
The Class Proceedings Act, 1992 (“CPA”) governs class actions in Ontario and sets out certain procedures that must be followed during the course of a class action. The CPA contains many safeguards to protect class members. For example, the CPA provides that the Court will oversee many of the steps in the class action including the determination of whether a case should proceed as a class action (certification) and the approval of any settlement that is reached on behalf of the class.
- What do I do if I don’t want to be a class member?
The opt-out deadline has passed. If you meet the above definition of a Class Member, you are automatically included in the Class unless you sent a written “opt out” notice to the Notice Administrator prior to the September 17, 2021 opt-out deadline set by the Court. There is no further opportunity to opt out of the Class. Any settlement that may be approved by the Court will be binding on the Class.
- What do I do if I think I have a claim but I’m not within the class definition?
If you think you may have a claim with respect to these policies but you do not meet the definition of a Class Member, then you may wish to:
- speak with your own lawyer to discuss any potential claim; or
- contact Class Counsel using the link provided in the Contact section of this website.