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

Acoustical Association of Ontario, Counsel: Herbert Law, Mathews Dinsdale & Clark LLP

Board of Trustees of the International Union of Painters & Allied Trades Province of Ontario Pension Plan, Counsel: Michael Mazzuca, Koskie Minsky

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

Ontario Painting Contractors Association, Representative: Andrew Sefton

Interior Systems Contactors Association of Ontario, Representative: Mr. Hugh Laird

On June 22, 2009, the Residential Painting Contractors Association (the “Applicant”), filed a request for hearing regarding the Notice of Registration of Amendment issued May 20, 2009, registering the Amending Resolution adopted by the Board of Trustees of the International Union of Painters and Allied Trades-Province of Ontario Pension Trust Fund on November 24, 2008, regarding the International Union of Painters and Allied Trades Province of Ontario Pension Plan, Registration Number 391680.

A pre-hearing conference is being scheduled.

Updated to June 30, 2009

A pre-hearing conference is scheduled for December 4, 2009.

Updated to September 18, 2009

Applications for party status were filed by the Architectural Glass and Metal Contractors Association; the Acoustical Association of Ontario; the Board of Trustees of the International Union of Painters and Allied Trades Province of Ontario Pension Plan; and the Ontario Council of the International Union of Painters and Allied Trades, the International Union of Painters and Allied Trades and the International Union of Painters and Allied Trades, Local Union 1891.

Updated to October 20, 2009

On October 21, 2009, an application for party status was filed by the Ontario Painting Contractors Association.

Updated to November 19, 2009

At the pre-hearing conference on December 4, 2009 the Tribunal granted party status to all the applicants for party status including the Interior Systems Contractors Association of Ontario.  During the pre-hearing conference, the Board of Trustees submitted the Tribunal does not have jurisdiction to hear this matter. The Board of Trustees submit that the Applicant’s request for hearing was filed pursuant to ss.89(6) of the Pension Benefits Act (the “Act”) and in regards to the subsections referenced in ss.89(6), the only one that may have any relevance to these proceedings is ss.89(1) which deals with the refusal to register a pension plan or an amendment to a pension plan or to revoke a registration. The Board of Trustees takes the position that the Amending Resolution which is at issue in these proceedings is not an amendment to the Plan, but rather, was an amendment to the Trust Agreement which establishes the Fund. The Board of Trustees submits there is no entitlement under s.89 of the Act that arises as a result of any amendments to a trust agreement and accordingly, no right to a hearing can arise as a result of amendments to a trust agreement. A motion hearing is being scheduled.

Updated to December 11, 2009

The motion hearing is scheduled for February 16, 2010.

Updated to January 19, 2010

On February 16, 2010, the Tribunal heard arguments from the parties on the motion and reserved its decision.

Updated to February 25, 2010

On February 25, 2010, the Tribunal issued its Decision on the Jurisdictional Issue.  In its decision the Tribunal dismissed the motion.  The pre-hearing conference is being rescheduled.

Updated to March 12, 2010

A further pre-hearing conference is scheduled for May 19, 2010.

Updated to April 15, 2010

At the pre-hearing conference on May 19, 2010, hearing dates were scheduled for November 25 and 26, 2010 for the evidentiary portion of the hearing, and December 9 and 10, 2010 for oral arguments.  A motion hearing is scheduled for July 14, 2010 to deal with any disclosure issues if necessary.

Updated to May 20, 2010

At a pre-hearing conference on October 8, 2010 the November 25, 2010 hearing date was cancelled.  The hearing in this matter is now scheduled to commence on November 26, 2010 for the evidentiary portion and December 9 and 10, 2010 for the oral arguments.

Updated to October 15, 2010

The parties requested an adjournment of the hearing scheduled for November and December 2010 in order to continue settlement discussions. The Tribunal granted the adjournment and the hearing is now scheduled to commence on February 11, 2011.

Updated to December 14, 2010

On February 10, 2011, the parties requested an adjournment of the hearing scheduled for February 11, 2011.   The Tribunal granted the adjournment and the parties will provide the Tribunal with an update on the status of the settlement by March 4, 2011.

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