Costs application denied as employer's withdrawal of hearing request was not unreasonable, frivolous, or vexatious.
The employer requested a hearing regarding a Notice of Proposal by the Superintendent related to a partial wind-up report of its pension plan.
Shortly before the scheduled hearing, the employer withdrew its request.
The union, which had been granted party status, applied for an award of costs against the employer.
The Financial Services Tribunal dismissed the application, finding that the employer's conduct was not unreasonable, frivolous, or vexatious, and that the delay caused by the change of position was not unnecessary or unreasonable.
