Desforges & Kozlowski (Falconbridge Limited)

02/13/2007 (Pre-hearing con't by teleconference); 12/04/06 (Settlement Conference); 08/18/2006 (Pre-hearing con't by teleconference) 05/24/2006 (Pre-hearing); 03/22/2006 (Pre-hearing - adjourned)

On December 16, 2005, Elaine Desforges and Michael Kozlowski (the “Applicants”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated November 24, 2005, proposing to refuse to make an order that Elaine Desforges and Michael Kozlowski be included in the voluntary partial wind up effective January 1, 2000 of the Falconbridge Limited pension plan (the “Plan”), pursuant to section 69(1)(d) of the Pension Benefits Act.

The refusal of the Deputy Superintendent to make the order requested by the Applicants was based on his conclusions that:

• the Applicants were terminated outside the wind up period in respect of the voluntary partial wind up associated with the reorganization of Falconbridge’s Sudbury Division;

• there was no reorganization of Falconbridge’s Technology Centre, where the Applicants worked; and

• if there was such a reorganization, it did not affect a significant number of members of the Plan.

On January 11, 2006, an application for party status was filed in this matter by Falconbridge Limited.

On March 7, 2006, the pre-hearing conference scheduled for March 22, 2006 was adjourned to May 24, 2006, to permit the Applicants’ newly retained counsel time to prepare for the pre-hearing conference.  At the pre-hearing conference on May 24, 2006, full party status was granted to Falconbridge Limited and the parties agreed to resume the pre-hearing conference on August 18, 2006 in order to permit time for the production of documents.

Updated to May, 31, 2006

On July 31, 2006, Michael Kozlowski withdrew his request for hearing.  The request for hearing continues in effect in respect of Elaine Desforges.

At a resumption of the pre-hearing conference on August 18, 2006, the parties agreed to participate in a settlement conference which is scheduled for December 4, 2006.

Updated to August 21, 2006

On December 4, 2006, the parties attended a settlement conference which did not result in a settlement.  The pre-hearing conference is scheduled to resume on February 13, 2007.

Updated to January 10, 2007

On February 12, 2007, the Applicant advised that minutes of settlement were executed in this matter.  On February 14, 2007, Ms. Desforges withdrew her request for hearing.  The proceeding before the Tribunal is now terminated.

Updated to February 16, 2007

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