The applicant, Brandes Investment Partners & Co., sought approval under paragraph 5.5(1)(b) of National Instrument 81-102 to merge several terminating mutual funds into continuing funds.
Regulatory approval was required because the mergers did not satisfy all criteria for pre-approved reorganizations under section 5.6, specifically regarding substantially similar investment objectives and tax-deferred status for one of the mergers.
The Ontario Securities Commission granted the requested exemptive relief, finding the mergers beneficial to unitholders due to streamlined product offerings, reduced costs, and increased portfolio diversification.