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FST Hearing - International Union of Painters and Allied Trades

File Type: Pension
File Number: P0313-2008
File Name: International Union of Painters and Allied Trades
Act: Pension Benefits Act
Plan Name: International Union of Painters and Allied Trades Province of Ontario Pension Plan, Registration Number 0391680
Applicant: Board of Trustees of the International Union of Painters and Allied Trades Province of Ontario Pension Plan, Counsel: Michael Mazzuca, Koskie Minsky LLP

Ontario Painting Contractors Association, Counsel: Jeffrey Murray, Stringer Brisbin Humphrey

Ontario Council of the International Union of Painters and Allied Trades; The International Union of Painters and Allied Trades; The International Union of Painters and Allied Trades, Local Union 1891, Representative: Joseph Russo

Acoustical Association Ontario (AAO), Counsel: Herbert Law, Mathews Dinsdale

Interior Systems Contractors Association (ISCA), Representative: Hugh Laird
Respondent: Superintendent of Financial Services Commission, Counsel: Mark Bailey
Party: Residential Painters Contractors Association, Counsel: Keith Burkhardt, Sherrard Kuzz LLP

Architectural Glass and Metal Contractors Association, Counsel: Mark Newton, Heenan Blaikie LLP

Panel: Florence Holden (Chair), Heather Gavin, Lily Harmer
Hearing Date Information: 12/17/2008 (Pre-Hearing Conference) cancelled;
12/04/2008 (Settlement Conference) cancelled;
10/29/2008 (Pre-Hearing Conference)
Next Appearance Date:
File Summary:
(Go to latest update)

On June 19, 2008, the Board of Trustees of the International Union of Painters and Allied Trades Province of Ontario (the "Applicant”), filed a request for hearing regarding the Notice of Proposal of the Deputy Superintendent , Pensions, dated May 26, 2008, to make an Order to revoke the registration of the International Union of Painters and Allied Trades Province of Ontario Pension Plan (the “Plan”), Registration Number 0391680 under section 18(1)(b) of the PBA, if the Plan is not amended so as to comply with section 8(1)(e) of the PBA. The Order will specify the termination and wind up date to be the latter of the expiry of thirty (30) days from the  date the Order is issued or until final decision is issued once all rights of appeal have been exhausted.

Request for hearings were also filed by the Ontario Painting Contractors Association, Ontario Council of the International Union of Painters and Allied Trades, Acoustical Association Ontario, and Interior Systems Contractors Association.

A pre-hearing conference is being scheduled.

Updated to June 26, 2008

Applications for party status were filed by the Architectural Glass and Metal Contractors Association and the Residential Painters Contractors Association.

Updated to August 8, 2008

A pre-hearing conference is scheduled for October 29, 2008.

Updated to September 12, 2008

At a pre-hearing conference on October 29, 2008, full party status was granted to the Architectural Glass and Metal Contractors Association, and the Residential Painters Contractors Association.  The International Union of Painters and Allied Trades, and The International Union of Painters and Allied Trades, Local Union 1891 were also included as applicants to the proceedings.  The parties indicated their willingness to participate in a settlement conference.  The settlement conference is scheduled for December 4, 2008.  A further pre-hearing conference is scheduled for December 17, 2008 in the event the matter does not settle.

Updated to November 24, 2008

On November 25, 2008 the Superintendent informed the Tribunal he was advised that the Trustees of the Plan had adopted an Amending Resolution to the Trust Agreement for the Plan which in the Superintendent’s view complied with the requirements of the PBA, and satisfied the concerns outlined in the Notice of Proposal (the “NOP”).  During November 26-28, 2008 the Tribunal received withdrawals of the respective Applicants’ requests for hearing.  On December 1, 2008 the Superintendent withdrew the NOP. In view of the withdrawal of the NOP and the requests for hearing the parties were notified on December, 2, 2008 that the Tribunal had no further jurisdiction to continue the proceedings and hear the matter.  The dates for the settlement conference and pre-hearing conference were cancelled and the Tribunal closed its file.

Updated to December 18, 2008

Additional Notes: