| File Type: | Pension |
|---|---|
| File Number: | P0346-2009 |
| File Name: | Imperial Oil Limited (St. Clair West) |
| Act: | Pension Benefits Act |
| Plan Name: | Imperial Oil Limited Retirement Plan, Registration Number 347054 |
| Applicant: | Imperial Oil Limited, Counsel: Brett Ledger, Osler Hoskin & Harcourt LLP |
| Respondent: | Superintendent of Financial Services, Counsel: Deborah McPhail |
| Party: |
The 111 Pension Rights Association (Counsel: Ari Kaplan Koskie Minsky)
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| Panel: |
Ralph Scane (President), Heather Gavin, Shiraz Bharmal |
| Hearing Date Information: |
04/23/2009 Pre-hearing Conference; |
| Next Appearance Date: |
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File Summary: (Go to latest update) |
On February 11, 2009, Imperial Oil Limited (the “Applicant”), filed a request for hearing regarding the Notice of Proposal of the Deputy Superintendent, Pensions, dated January 16, 2009, to make an Order under section 69(1) (e) of the PBA that Imperial Oil Limited Retirement Plan, Registration Number 347054 (the “Plan”) be partially wound up in relation to those members and former members of the Plan who ceased to be employed by Imperial Oil Limited at its location at 111 St. Clair Ave. West Toronto during the period September 28, 2004 until June, 30, 2006. Updated to February 13, 2009 A pre-hearing conference is scheduled for April 23, 2009. Updated to March 13, 2009 The hearing in this matter is scheduled for October 1-2, 2009. Updated to May 21, 2009 During the month of June 2009, several applications for party status were filed with the Tribunal. At a further pre-hearing conference on July 28, 2009, several of the applicants for party status withdrew their applications. The Tribunal granted full party status to The 111 Pension Rights Association, an unincorporated association represented by three members in a representative capacity, who are on the Association’s steering committee. Limited party status was granted to Janeen Bowes, Catherine Schell, Jean Townsend and Linda Zwicker. Updated to August 14, 2009 On August 26, 2009, the 111 Pension Rights Association filed a motion to vary the matters in issue that were approved by the Tribunal at a pre-hearing conference on April 23, 2009. The issues approved by the Tribunal related to the applicability of s.69(1)(e) of the PBA as authority for the order of a partial wind up of the Plan by the Superintendent, and if applicable, the extent of such wind up. The motion sought to vary those issues to include the applicability of s.69(1)(d) of the PBA as an alternative ground to authorize the partial wind up and the extent of such wind up. At the motion hearing on September 3, 2009, Imperial Oil submitted that the Tribunal lacks jurisdiction to extend the hearing to a consideration of s.69(1)(d) of the PBA as an alternative ground for the proposed wind up, on the grounds that the subsection was not referred to in the Superintendent’s Notice of Proposal. In its Decision on Motion dated September 23, 2009, the Tribunal concluded that it lacked jurisdiction to make the order as requested and it dismissed the motion. On September 29, 2009, the October hearing dates were briefly adjourned to December 14 – 18, 2009. Updated to October 20, 2009 On November 13, 2009, the 111 Pension Rights Association (the “Association”) filed a request to adjourn the December hearing dates. The basis for the request was that, subsequent to the Tribunal’s issuance of its Decision, dated September 23, 2009 on an adjournment motion, the Superintendent reactivated his investigation of the Plan in order to consider the applicability of s.69(1)(d) of the PBA, and invited the parties to file submissions as to whether a Notice of Proposal (“NOP”) should be issued proposing to order a partial wind up under that subsection, in relation to the transfer of Imperial Oil’s head office and other functions from 111 St. Clair Avenue West in Toronto to Calgary. On November 24, 2009, the Tribunal heard the parties’ submissions and adjourned the hearing dates, to allow time for the Superintendent to decide whether to propose to order a partial wind up pursuant to s.69(1)(d), and for parties to request and proceed towards a hearing before the Tribunal with respect to such decision. The Superintendent’s decision is expected by the end of this year or early in 2010. The Tribunal adjourned the matter to March 23, 2010 at which time the parties will provide an update as to the status of the s.69(1)(d) application. Updated to November 30, 2009 On September 15, 2009, Janeen Bowes withdrew her participation as a party in these proceedings and on March 15, 2010, Linda Zwicker also withdrew her participation in the matter. At a pre-hearing conference on March 23, 2010 the matter was further adjourned to April 12, 2010, at which time hearing dates were scheduled for October 22, 25, 26, 28, 29 and November 1- 5, 2010. The Tribunal also ordered that this matter be consolidated with FST matter #P0427-2010. Updated to April 15, 2010 On April 20, 2010, Jean Townsend withdrew her participation as a party in the proceedings. Updated to May 20, 2010 At a pre-hearing conference on July 9, 2010, the parties informed the Tribunal that their recent settlement discussions were useful and that they would like to proceed to attempt to negotiate a settlement and bring a settlement motion to the hearing panel. The settlement hearing is scheduled for October 28 and 29, 2010 and the hearing dates of October 22, 25, 26 and November 1-5, 2010 were adjourned. A further pre-hearing conference is scheduled for October 4, 2010. Updated to July 19, 2010 On September 10, 2010, Catherine Schell withdrew her participation as a party in the proceedings. Updated to October 15, 2010 At the conclusion of the hearing on October 28, 2010, the Tribunal reserved its decision. Updated to November 8, 2010 On December 8, 2010 the Tribunal issued its Decision on Motion. In its decision the Tribunal ordered the Superintendent to refrain from carrying out the Notices of Proposal dated January 16, 2009 and January 6, 2010. |
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