Anne Glover

The applicant, a former employee and pension plan member, sought an order compelling the employer to commence proceedings to wind up the pension plan under s. 68(1) of the Pension Benefits Act.

The employer brought a motion to strike these claims, which was dismissed by the motion judge and the Divisional Court.

On appeal, the Court of Appeal allowed the appeal and struck the claims, holding that based on the Supreme Court's decision in Buschau, the court does not have jurisdiction to compel an employer to wind up a pension plan at the request of plan members.

Doing so would circumvent the statutory scheme and usurp the authority of the Superintendent of Financial Services.

The plaintiff franchisor sued the defendant franchisees for breach of contract.

The motion judge struck large portions of the defendants' statement of defence and stayed portions of their counterclaim, finding the defence pleadings unnecessary for a 'reasonable defence' and the counterclaim duplicative of an intended class action.

The Court of Appeal allowed the appeal, holding that a defendant is entitled to plead any relevant material facts of at least marginal probative value, and that it was premature to stay the counterclaim based on an uncertified class action to which the defendants were not parties.