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FST Hearing Victorian Order of Nurses for Canada (VON)

File Type: Pension
File Number: P0304-2008
File Name: Victorian Order of Nurses for Canada (VON)
Act: Pension Benefits Act
Plan Name: VON Canada Pension Plan, Registration Number 315937
Applicant: Victorian Order of Nurses for Canada, Counsel: Markus Kremer, Borden Ladner Gervais LLP
Respondent: Superintendent of Financial Services, Counsel: Deborah McPhail
Party: Acclaim Health & Community Services, Community & Primary Health Care – Lanark, Leeds & Grenville, Health and Home Care Society of British Columbia, Nova Montreal, Aberdeen Health & Community Services, and Nova West Island, Counsel: Susan Nickerson, Hicks Morley LLP

Ontario Public Service Employees Union ("OPSEU"), Counsel: Clio Godkewitsch, Koskie Minsky

Ontario Nurses Association, Counsel: Hugh O'Reilly, Cavalluzzo Hayes Shilton McIntyre & Cornish
Panel: Florence Holden (Chair), Paul Litner, David Short
Hearing Date Information:

05/29/2008 Pre-Hearing Conference;
06/13/2008 Settlement Conference; 06/27/2008 Settlement Conference;
07/15/2008 Pre-Hearing Conference by Teleconference; 10/08/2008 Pre-Hearing Conference; 11/07/2008 Pre-Hearing Conference by Teleconference; 12/01/2008 Pre-Hearing Conference by Teleconference; 12/10/2008 Settlement Conference; 12/11/2008 Pre-Hearing Conference by Teleconference; 01/08/2009 Pre-Hearing Conference; 04/01/2009-04/03/2009 & 04/06/2009-04/08/2009 Hearing

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

On March 10, 2008, the Victorian Order of Nurses for Canada (the “Applicant”), requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated February 8, 2008, to propose the following:

To order pursuant to sections 75 and 87 of the PBA that the “VON” pay into the fund for the “Plan”, with respect to partial wind ups for the Victorian Order of Nurses, Waterloo-Wellington-Dufferin Branch (the “WWD Branch”), Victorian Order of Nurses, Eastern Lake Ontario Branch (the “ELO Branch”), Victorian Order of Nurses, Sudbury Branch (the “Sudbury Branch”), (the WWD Branch, the ELO Branch and the Sudbury Branch are collectively referred to herein as the “Bankrupt Branches”) and Victorian Order of Nurses, Niagara Branch (the “Niagara Branch”), such amounts so that the total of the amounts contributed by VON equals the sum of:

(a) the total of all payments that under the PBA, Regulations and the Plan are due or that have accrued and that have not been paid into the pension fund for the Plan; and

(b) the amount by which:

(i)         the value of the pension benefits accrued and vested under the Plan, and

(ii)        the value of benefits accrued resulting from the application of section 39 (3) (50 per cent rule) and section 74 of the PBA,

exceed the value of the assets of the Fund;

  • To refuse to approve certain wind up reports filed by VON pursuant to section 70(5) of the PBA; and
  • To order under section 88 of the PBA, that VON prepare and file new wind up reports and updates to the initial wind up with respect to the partial wind up in respect of the WWD Branch, the Sudbury Branch, the ELO Branch and the Niagara Branch, that address the issues set out in the proposal and specifically provide that VON is required to make additional contributions under the PBA.

A pre-hearing conference is being scheduled.

Updated to March 25, 2008

On April 24, 2008, an application for party status was filed by Acclaim Health & Community Services, Community & Primary Health Care – Lanark, Leeds & Grenville, Health and Home Care Society of British Columbia, Nova Montreal, Aberdeen Health & Community Services, and Nova West Island.  A pre-hearing conference is scheduled for May 29, 2008.

Updated to May 9, 2008

On May 23, 2008 an application for party status was filed by the Ontario Public Service Employees Union (“OPSEU”).  At the pre-hearing conference on May 29, 2008 full party status was granted to Acclaim Health & Community Services, Community & Primary Health Care – Lanark, Leeds & Grenville, Health and Home Care Society of British Columbia, Nova Montreal, Aberdeen Health & Community Services, and Nova West Island, and OPSEU.  A settlement conference is scheduled for June 13 and 27, 2008.  A further per-hearing conference is scheduled for July 15, 2008 in the event the matter does not settle.

Updated to June 26, 2008

At a resumption of the pre-hearing conference on July 15, 2008, the parties informed the Tribunal they continue to work towards a settlement.  A further pre-hearing conference is scheduled for October 8, 2008.

Updated to August 8, 2008


At a resumption of the pre-hearing conference on October 8, 2008, the parties informed the Tribunal they continue to work towards a settlement.  A further pre-hearing conference is scheduled for November 7, 2008.

Updated to October 24, 2008

At a resumption of the pre-hearing conference on November 7, 2008, the parties informed the Tribunal that they continue to work towards a resolution of the issues.  Hearing dates were scheduled for April 1-3 and 6-8, 2009 in the event the matter is not settled.  Further pre-hearing dates were also scheduled to update the Tribunal on the progress of the resolution.

Updated to November 24, 2008

On February 13, 2009, an application for party status was filed by the Ontario Nurses Association.

Updated to February 13, 2009

At a resumption of the pre-hearing conference on February 20, 2009, the Tribunal granted full party status to the Ontario Nurses Association.

Updated to March 13, 2009

On April 7, 2009, the Tribunal reserved its decision after hearing the parties’ oral evidence and submissions.

Updated to April 9, 2009

On July 3, 2009 the Tribunal issued its Reasons For Decision.

Updated to August 14, 2009


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