The applicant, a former member of a wound-up pension plan, claimed he elected to receive a monthly pension and did not receive the commuted value of his pension.
The Superintendent of Financial Services proposed to refuse to make an order under the Pension Benefits Act, asserting the applicant's pension entitlement was transferred to a locked-in RRSP in 1990.
Applying the best evidence rule due to incomplete records, the Tribunal evaluated banking documents, statements from the funding agent, and the applicant's testimony.
The Tribunal found on a balance of probabilities that the applicant had received the commuted value of his pension into a locked-in RRSP, discharging the administrator's obligations.
The applicant's request was dismissed.
