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FST Hearing - Colleges of Applied Arts and Technologies Pension Plan

File Type: Pension
File Number: P0314-2008
File Name: Colleges of Applied Arts and Technologies Pension Plan
Act: Pension Benefits Act
Plan Name: Colleges of Applied Arts and Technologies Pension Plan, Registration Number 0589895
Applicant: The Board of Trustees of the Colleges of Applied Arts and Technology Pension Plan, Counsel: Clifton Prophet, Gowling Lafleur Henderson LLP
Respondent: Superintendent of Financial Services, Counsel: Deborah McPhail
Party:
Panel: Florence Holden (Chair)
Hearing Date Information:

10/16/2008 (Pre-Hearing Conference);
10/31/2008 (Pre-Hearing Conference);
11/25/2008 (Settlement Conference);
11/28/2008 (Pre-Hearing Conference by teleconference);
01/12/2009 (Pre-Hearing Conference by teleconference);
02/03/2009 (Pre-Hearing Conference by teleconference)

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

On June 30, 2008, the Board of Trustees of the Colleges of Applied Arts and Technology Pension Plan (the “Applicant”), filed a request for hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated June 5, 2008, to make an Order in respect of the Colleges of Applied Arts and Technology Pension Plan, Registration Number 0589895 (the “Plan”), under section 87(2)(c) of the PBA, that three consecutive business days be afforded to Mr. Robert Pando for his 2007 annual inspection of Plan documents under section 29 of the PBA.

A pre-hearing conference is scheduled for October 16, 2008.

Updated to August 8, 2008

At the pre-hearing conference on October 16, 2008, the Applicant indicated it intends to bring an application to the Ontario Superior Court of Justice seeking a stay of Mr. Pando’s complaint to the Human Rights Commission (the “Commission”), so that the Tribunal may deal with this proceeding as the Applicant is of the view that the Tribunal is the more appropriate forum for this dispute to be heard.  The Applicant undertook to inquire if the Commission will consent to a stay of its proceedings.  The Tribunal adjourned the matter to October 31, 2008.

Updated to October 24, 2008

On October 31, 2008, the Applicant advised that the Commission stated that Mr. Pando’s complaint to the Commission was in limbo and therefore, it cannot yet respond to the Applicant’s request for a stay of the Commission’s proceedings.  The Applicant requested the Tribunal not schedule any preliminary dates aside from a settlement conference until either the stay application has been brought and determined or the Commission has consented to the stay.  The parties agreed to participate in a settlement conference.  The settlement conference is scheduled for November 25, 2008. A further pre-hearing conference is scheduled for November 28, 2008 in the event the matter is not settled.

Updated to November 24, 2008

On November 28, 2008, the Applicant advised the Tribunal that it is in the process of requesting the Human Rights Tribunal for a stay of that proceeding.  The Tribunal will resume a pre-hearing conference on January 12, 2009.

Updated to December 18, 2008

On January 12, 2009, the Applicant advised that the Human Rights Tribunal has not yet rendered a decision with respect to the Applicant’s motion for a stay of that proceeding. The Tribunal scheduled a resumption of the pre-hearing conference for February 3, 2009.

Updated to January 20, 2009

On February 3, 2009, the parties advised the Tribunal that they have reached a resolution in the matter, and the request for hearing and notice of proposal will be withdrawn.

Updated to February 13, 2009

On February 18, 2009, the Applicant withdrew its request for hearing and the Tribunal closed its file.

Updated to March 13, 2009

Additional Notes: