On April 10, 2007, Marshall-Barwick Inc. (the “Applicant”) requested a hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated February 26, 2007, proposing to:

(a)     refuse to approve the actuarial report on the partial wind up effective August 28, 2002 (the "Partial Wind Up") of the Retirement Plan for the Employees of Marshall-Barwick Inc. and Associated Companies, Registration No. 098081 (the "Plan”) filed with the Superintendent on October 5, 2003 and a revision to that actuarial report dated November 5, 2005, both of which indicated that there was an excess of partial wind up assets over partial wind up liabilities in the Plan;

(b)        to require a new actuarial report to be prepared and filed within sixty (60) days from the date of the Notice of Proposal which shall deal with the distribution of surplus related to the Partial Wind Up.

The proposal in (a) was based on the failure of the actuarial report and the revision thereto to comply with section 70 of the Pension Benefits Act (the "Act") in that they do not provide for the distribution of surplus on the Partial Wind Up that is called for by the decision of the Supreme Court of Canada in Monsanto Canada Inc. v. Superintendent of Financial Services. The Applicant had advised the Superintendent in writing that it intends to leave the surplus in respect of the Partial Wind Up in the Plan to defray the remaining obligations of the Plan. The proposal in (b) was based on both section 70 and section 88 of the Act.

A pre-hearing conference is scheduled for June 21, 2007.

Updated to May 2, 2007

On May 10, 2007, an application for party status was filed by the Partial Wind Up Committee which is comprised of members of the partial wind up group identified in relation to the partial wind up of the Plan.  On May 11, 2007, the Applicant requested on consent of the parties, that the pre-hearing conference be rescheduled to a later date in order to permit time for settlement discussions to take place.  The Tribunal granted the request and rescheduled the pre-hearing conference to September 25, 2007.

Updated to June 14, 2007

On July 25, 2007, the parties requested a further adjournment of the pre-hearing conference scheduled for September 25, 2007, in order to permit additional time for settlement discussions to take place. The Tribunal granted the request and rescheduled the pre-hearing conference to December 10, 2007.

Updated to August 20, 2007

On October 12, 2007, the parties requested a further adjournment of the pre-hearing conference scheduled for December 10, 2007, in order to allow additional time for settlement discussions to take place.  The Tribunal granted the request and rescheduled the pre-hearing conference to March 10, 2008.

Updated to October 19, 2007

On March 10, 2008 the pre-hearing conference resumed.  The parties sought a further adjournment of the proceedings on the basis that they continue working towards a settlement.  The Tribunal adjourned the matter to May 8, 2008.

Updated to March 25, 2008

On May 8, 2008, the pre-hearing conference resumed at which time the parties advised that they are in the process of finalizing the settlement.  The Tribunal adjourned the matter to September 8, 2008, in the event the settlement is not finalized.

Updated to May 9, 2008

On September 8, 2008, the pre-hearing conference resumed at which time the parties advised that they are in the process of finalizing the settlement.  The Tribunal adjourned the matter to January 12, 2009, in the event the settlement is not finalized.

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