| File Type: | Pension |
|---|---|
| File Number: | P0259-2005 |
| File Name: | Canadian Bricklayers and Allied Craft Unions Members Pension Trust and Kerry Wilson |
| Act: | Pension Benefits Act |
| Plan Name: | Bricklayers & Trowel Trades International Pension Plan, Registration No. 392175 and Canadian Bricklayers and Allied Craft Union Members Pension Trust, Registration No. 1063478 |
| Applicant: |
Canadian Bricklayers and Allied Craft Unions Members Pension Trust and Kerry Wilson, Counsel: Lorne Richmond, Sack Goldblatt Mitchell |
| Respondent: |
Superintendent of Financial Services, Counsel: Mark Bailey |
| Party: |
Bricklayers & Trowel Trades International Pension Fund - Canada ("IPF- Canada"), Counsel: Andrew Lokan, Paliare Roland |
| Panel: |
P. Litner (Chair), H. Gavin, D. Short |
| Hearing Date Information: |
02/17/2009 (Pre-Hearing Conference by Teleconference) cancelled; 01/28/2009 (Pre-Hearing Conference by Teleconference) cancelled; 01/12/2009 (Pre-Hearing Conference by Teleconference); |
| Next Appearance Date: | |
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File Summary: (Go to latest update) |
On September 27, 2005, Kerry Wilson and the Trustees of the Canadian Bricklayers and Allied Craft Union Members Pension Trust (“CMPT”) (the “Applicants”), requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated September 13, 2005, refusing to order the Board of Trustees of the Bricklayers and Trowel Trades International Pension Plan, Registration Number 392175 (the “International Plan”) to transfer certain assets of the International Plan to the Canadian Bricklayers and Allied Craft Union Members Pension Trust, Registration Number 1063478 pursuant to section 80(8) and (9) of the Pension Benefits Act (the “Act”). The reason for the proposed refusal, as stated in the Notice of Proposal, was that the International Plan had been effectively wound up, on a voluntary basis, so that there was no plan from which to transfer the assets pursuant to section 80(8) and (9) of the Act. On November 1, 2005, an application for party status in this matter was filed by the Board of Trustees of the Bricklayers and Trowel Trades International Pension Plan (the “Trustees of IPF Canada”). At a pre-hearing conference on January 16, 2006, full party status was granted to the Trustees of IPF Canada. At the pre-hearing conference, the parties agreed to schedule a motion to resolve the jurisdictional issue raised by the Trustees of IPF Canada, i.e. whether the request for hearing was filed out of time, as well as an adjournment request made by the Trustees of IPF Canada. The motion was scheduled for April 6, 2006, and was further rescheduled to May 25, 2006, to accommodate the parties’ request to participate in a settlement conference which took place on April 6, 2006. On May 15, 2006, the parties filed a joint request for adjournment of the motion hearing date to allow for further settlement discussions to take place. The adjournment request was granted and the motion hearing is rescheduled for October 31, 2006. Updated to May 31, 2006 On October 20, 2006, the parties filed a joint request for adjournment of the October 31st motion hearing date to allow for settlement discussions to continue. The adjournment request was granted and the motion hearing is rescheduled for January 15, 2007. Updated to November 10, 2006 At the hearing on January 15, 2007, the Trustees of IPF Canada requested a further adjournment of the motion hearing in order to permit time for the Applicants to respond to the IPF’s most recent settlement proposal. The Applicants consented to the request for adjournment but it was opposed by the Superintendent. The Tribunal heard submissions from the parties and granted an adjournment to March 9, 2007 with no further adjournments. Updated to February 16, 2007 At the motion hearing on March 9, 2007, the Tribunal dismissed the motion brought by the Trustees of IPF Canada. The Tribunal is preparing written reasons. The pre-hearing conference is scheduled to resume on April 20, 2007. Updated to April 2, 2007 On April 16, 2007 the pre-hearing conference scheduled for April 20, 2007 was rescheduled to May 1, 2007 to permit additional time for the Tribunal to issue its written reasons. The Tribunal issued its Decision on a Preliminary Motion on April 24, 2007. On May 1, 2007, the pre-hearing conference resumed at which time hearing dates were scheduled for November 19 – 22 and December 13, 2007. Updated to May 2, 2007 On October 22, 2007 the Tribunal heard a motion brought by the Trustees of IPF Canada for a determination on the Applicants’ refusal to answer certain interrogatories. Prior to the release of its decision, the Tribunal was advised that the parties have reached a settlement in the matter and they requested an adjournment of the hearing dates in order to provide time to implement the settlement. The Tribunal granted the request for adjournment and scheduled the hearing for April 17, 2008 in the event the settlement is not fully implemented. Updated to November 21, 2007 On April 11, 2008 the parties requested a further adjournment of the proceedings on the basis that they require more time to implement the settlement. The Tribunal granted the request for adjournment and rescheduled the April 17, 2008 hearing date to October 20, 2008, in the event the settlement is not fully implemented. Updated to May 9, 2008 On October 20, 2008 this matter reconvened as a pre-hearing conference. The parties requested a further adjournment of the proceedings in order to permit more time to implement the settlement. The Tribunal was satisfied that the parties are progressing with a settlement and granted the adjournment. A further pre-hearing conference is scheduled for January 12, 2009 to plan for a hearing if the matter is not settled and the request for hearing withdrawn by the end of December 2008. Updated to October 24, 2008 At the pre-hearing conference on January 12, 2009, the parties advised the Tribunal that they are close to a settlement. The Tribunal adjourned the matter to January 28, 2009. If the matter is not settled and the request for hearing withdrawn by that date, the Tribunal will release its decision on the motion brought by the Trustees of IPF Canada for certain interrogatories, and a pre-hearing conference will be held on February 17, 2009 at which time hearing dates will be scheduled. Updated to January 20, 2009 On January 27, 2009, the Applicants advised the Tribunal that the matter was settled and withdrew the request for hearing. The Tribunal cancelled the pre-hearing conference and closed its file. |
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