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Shoppers Drug Mart Inc.

File Type: Pensions
File Number: P0256-2005
File Name: Shoppers Drug Mart Inc.
Act: Pension Benefits Act
Plan Name: Pension Plan for Executives of Shoppers Drug Mart, Registration No. 1066083
Applicant: Shoppers Drug Mart Inc., Counsel, Alan Merskey, Ogilvy Renault LLP
Respondent: Superintendent of Financial Services, Counsel: Deborah McPhail
Party: Eddie Mainiero, Counsel: John Morin, Fasken Martineau DuMoulin LLP
Panel: E. Shilton (Chair), John Solursh, David Short
Hearing Date Information:

09/10/2007 (Pre-Hearing Conference) canceled; 08/20/2007 - 08/24/2007 (Hearing- Adjourned); 07/27/2007 (Pre-Hearing Conference by teleconference); 03/12/2007 - 03/16/2007, 03/29/2007 (Hearing- Adjourned); 10/10/2006 (Pre-Hearing Conference by teleconference); 09/20/2006 (Settlement Conference); 04/03/2006 (Pre-Hearing Ccnference by teleconference); 11/17/2005 (Pre-hearing Conference)

Next Appearance Date:
File Summary:
(Go to latest update)

On July 8, 2005, Shoppers Drug Mart Inc. (the “Applicant”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated June 8, 2005, to make an order, under section 69 of the Pension Benefits Act, that the Plan be wound up in part in relation to those members of the Plan who ceased to be members of the Plan as a result of cessation of employment with the Applicant on or before January 15, 2003.

The Notice of Proposal indicates that the reasons for the proposed order are that:

  • the members who ceased employment with the Applicant during the relevant period did so as a result of a reorganization of the business of the Applicant and represented a significant number of members of the Plan; and
  • the Applicant had not offered all of those members the same level of termination benefits, under an unregistered supplementary pension plan, that would be available under the Act in the event of a partial wind up of the Plan, in which case there was no discretionary basis for the Superintendent refusing to order a partial wind up.

The pre-hearing conference was held on November 17, 2005, at which time the parties agreed to continue with the pre-hearing conference on April 3, 2006 in order to deal with disclosure and interrogatory issues.  On March 3, 2006, an application for party status was filed by Eddie Mainiero, a member of the Plan, and full party status was granted to Mr. Mainiero on April 3, 2006.  At the pre-hearing conference, the parties agreed to participate in a settlement conference.  The settlement conference is scheduled for September 20, 2006.

Updated to May 31, 2006

The pre-hearing conference is scheduled to resume on October 10, 2006.

Updated to October 6, 2006

At a resumption of the pre-hearing conference, hearing dates were scheduled for March 12, 13, 14, 15, 16, and 29, 2007.

Updated to October 10, 2006

On February 15, 2007, the Applicant requested an adjournment of the hearing on consent of the parties, to allow further time for settlement negotiations and the exchange of information to take place.   The Tribunal granted the adjournment request.  The hearing is being rescheduled in the event the matter does not settle.

Updated to February 16, 2007

The hearing is rescheduled to August 20 – 24, 2007.

Updated to April 2, 2007

On July 27, 2007, the Tribunal convened a teleconference to deal with a request for an adjournment of the hearing dates scheduled in August.  After hearing the submissions of the parties, and in view of the fact that all parties supported the motion for adjournment, the Tribunal granted the adjournment and instructed the parties to advise the Tribunal by August 31, 2007 if the matter was settled.  A further pre-hearing conference is scheduled for September 10, 2007 in the event the matter does not settle.

Updated to August 20, 2007

On August 31, 2007, the Applicant advised the Tribunal that the parties have reached a settlement in the matter and withdrew its Request for Hearing.  The September 10, 2007 pre-hearing conference was cancelled and the Tribunal closed its file.

Updated to September 18, 2007

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