3/10/2005 ( Pre-Hearing Conference (PHC); 24/01/2006 (adjourned) to
6/2/2006 (Hearing)

On June 1, 2005, Donna Capaldi, (the “Applicant”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated May 10, 2005, refusing to make an order under sections 42(5), 42(11), and 87(2)(c) of the Pension Benefits Act, requiring the administrator of the Plan to pay certain pension benefits from the Retirement Income Plan for Union Employees of Dominion Stores Limited (1979) to Donna Capaldi, beneficiary of Tony (Antonio) Capaldi.

On August 4, 2005, an application for party status, in this matter, was filed by Domgroup Ltd. (formerly Dominion Stores Limited), the employer and administrator of the Plan.  At the pre-hearing conference on October 3, 2005, full party status was granted to Domgroup Ltd.

On November 18, 2005, Domgroup Ltd. filed a Notice of Motion to add Industrial Alliance Insurance (“Industrial Alliance”) as a party in this proceeding.  That motion was denied by an interim procedural order dated January 9, 2006.

The hearing date of January 24, 2006, was adjourned at the request of the Applicant and on consent of the parties to February 6, 2006.  At the hearing on February 6, 2006, the Tribunal considered whether the Applicant had established whether Mr. Capaldi’s full pension entitlement was paid from the Plan to his RRSP according to his election, as the Applicant had disputed the amount of the monies transferred.  In its Reasons for Decision, the Tribunal found that the Applicant had not established that there was a failure to pay the full amount of Mr. Capaldi’s pension entitlement to his RRSP and, therefore, dismissed the Applicant’s request and affirmed the Superintendent’s Notice of Proposal. Reasons for Decision dated March 13, 2006.

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