FST Hearing - Kraft Canada Inc.

On December 21, 2006, Kraft Canada Inc. (the “Applicant”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated November 21, 2006, proposing to make an order pursuant to section 87 of the Pension Benefits Act (the “Act”) requiring the Applicant to include, as of January 1, 1992, in the calculation of “Credited Service” in the Plan all periods during which members of the Plan received compensation from the employer, and not to limit the calculation of “Credited Service” after January 1, 1992,  to exclude periods when employees received compensation from Kraft but were not yet Plan members. The Deputy Superintendent relies, in the Notice of Proposal, on the definition of "Credited Service" under the terms of a January 1, 1992 restatement of the Plan, which changed the meaning of "Credited Service" so that it runs from commencement of employment, rather than commencement of participation in the Plan, although the restatement did not change eligibility for participation in the Plan, which remains after two years of employment. 

A pre-hearing conference is  scheduled for March 30, 2007.

Updated to January 10, 2007

On February 9, 2007, an application for party status was filed by the Bakery, Confectionery, Tobacco Workers & Grain Millers International Union, Local 426.

Updated to February 16, 2007

At the pre-hearing conference on March 30, 2007, full party status was granted to the Bakery, Confectionery, Tobacco Workers & Grain Millers International Union, Local 426 (the “Union”).  The Applicant advised that it intends to bring an application to the Ontario Superior Court of Justice for a rectification order with respect to the Plan provision that is at issue before the Tribunal, and requested the matter be adjourned sine die.  The Tribunal granted an adjournment to May 4, 2007.

Updated to April 2, 2007

At the continuation of the pre-hearing conference on May 4, 2007, the Applicant advised that it had filed a Notice of application with the Ontario Superior Court of Justice on May 3, 2007, seeking a rectification order.  The pre-hearing conference was adjourned to June 18, 2007.  The Applicant will provide a written report to the Tribunal and to the parties no later than June 13, 2007, as to the status of its rectification application in the court, and then every 8 weeks following June 13 until that proceeding has resolved.  At any time prior to the resolution of the Applicant’s rectification application, the Chair may require or any party may request a resumption of the pre-hearing conference.

Updated to June 14, 2007

At the continuation of the pre-hearing conference on June 18, 2007, the Applicant advised that a motion to have the matter dealt with by the Ontario Superior Court through its Commercial List was scheduled for June 22, 2007, and if the motion is granted, a litigation timetable will be developed shortly thereafter.  The pre-hearing conference is scheduled to resume on October 12, 2007.

Updated to July 20, 2007

On October 12, 2007 the pre-hearing conference continued at which time the Applicant reported on the progress of its rectification application before the Ontario Court Superior Court.  The pre-hearing conference is scheduled to resume on January 25, 2008.

Updated to October 19, 2007

On January 25, 2008, the pre-hearing conference continued at which time the Applicant reported on the progress of its rectification application before the Ontario Court Superior Court.  The pre-hearing conference is scheduled to resume on June 9, 2008.

Updated to March 25, 2008

On June 9, 2008, the pre-hearing conference continued at which time the Applicant reported on the progress of its rectification application before the Ontario Court Superior Court.  The pre-hearing conference is scheduled to resume on September 11, 2008.

Updated to June 26, 2008

On September 11, 2008, the pre-hearing conference continued at which time the Applicant reported on the progress of its rectification application before the Ontario Court Superior Court.  The pre-hearing conference is scheduled to resume on January 16, 2009.

Updated to September 12, 2008

On December 24, 2008 the Applicant reported to the Tribunal that the Application before the Ontario Superior Court is scheduled to be heard in February 2009.  The Tribunal adjourned the January 16, 2009 pre-hearing conference to June 2, 2009 at which time it expects the court will have rendered its decision.

Updated to January 20, 2009

On May 12, 2009, Kraft Canada Inc. withdrew its request for hearing.  The June 2, 2009 pre-hearing conference was cancelled and the Tribunal closed its file.

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