The applicant, the Régie des rentes du Québec, brought an application for judicial review of a decision by the respondent, the Pension Commission of Ontario, which had approved the withdrawal of a pension surplus by an employer.
The pension plan had members in both Ontario and Québec.
The respondent, acting as the major authority under a reciprocal agreement, applied Ontario law exclusively to the surplus application.
The Divisional Court found the respondent's decision unreasonable because it failed to consider or apply Québec law to the Québec members, despite the plan's terms and the lack of an express exemption.
The decision was quashed as it affected Québec members and remitted for reconsideration.
