The Ontario Teachers’ Pension Plan (OTPP) is facing a class-action lawsuit from fund members following its investment misstep into the now-defunct cryptocurrency exchange, FTX.
Plaintiffs allege the board failed to meet its fiduciary duties and wishes to see the multi-million loss restored to the fund, but the pension’s board argues it performed its due diligence and that the $95 million loss represents less than 0.05% of the fund’s net assets.
As per BNN Bloomberg , documents show that the OTPP board is facing a sizeable lawsuit from a plaintiff who is proposing to act on behalf of the fund’s 340,000 active and retired teachers.
According to a statement of claim filed with the Ontario Superior Court of Justice, the suit requests that the board reimburse the $95 million it lost back to the fund and alleges that the board breached its fiduciary duties by failing to meet obligations under Ontario’s Pension Benefits Act when making the FTX investment.
“During its due diligence and investment approval process, the board failed to obtain adequate and reliable information about the FTX entities’ internal controls in the critical areas of management and governance, finance and accounting, as well as digital asset management, information security and cybersecurity,” the statement wrote.
Naturally, the OTPP contends this and said that the claim “is without merit” and will defend their decision in court.
“We take our responsibility for the investment of plan assets seriously and have strong investment risk management processes, including robust due diligence on all private investments,” the OTPP asserted.
Regardless, the complaint argues that the OTPP didn’t comply with its own Statement of Investment Policies and Procedures (SIPP), which mandates the fund to “weigh relevant risks” based on environmental, social, and governance factors. “over both short and long-term horizons.”
In October 2021, the OTPP allocated a $75 million investment into FTX International and FTX.US.
In January 2022, the fund purchased an additional $20 million stake in the blossoming exchange.
In November 2022, FTX filed for bankruptcy following revelations that it had misappropriated billions in user funds, among other violations of the law.
The OTPP was forced to draw down its FTX stake to $0, writing it off as a $95 million loss.
A November 2022 statement Growth (TVG) platform was established to gain “small-scale exposure” to emerging tech firms and offer early/late-stage capital to said firms.
Despite this, the OTPP statement noted that the $95 million loss will bear a “limited impact” and represents less than 0.05% of its asset portfolio.
The plaintiff’s lawsuit claim also alleges that the OTPP failed to observe the significant risks following the regulatory fallout from the 2021 $190 million collapse of the Canadian exchange, QuadrigaCX.