David Mollica

SCI Group Inc. brought a motion to add an estoppel issue to the pending hearing regarding the Superintendent's refusal to consent to a pension asset transfer from the BCE Plan to the Progistix Plan.

SCI also sought additional documentary production from BCE related to the estoppel issue.

BCE opposed the motion, arguing the Tribunal lacked jurisdiction to consider estoppel and that there was no factual basis for the claim.

The Tribunal held it had jurisdiction to consider estoppel under the Pension Benefits Act and found it premature to dismiss the issue on its factual merits.

The Tribunal granted the motion to add the estoppel issue and ordered limited production of documents relevant to the alleged representations.

The applicant filed an application alleging that the respondent bank lowered his credit limit because of his age.

The respondent requested that the application be dismissed for lack of jurisdiction, arguing that banking is a federal matter.

The Tribunal agreed, noting that under s. 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over banking.

The application was dismissed for lack of jurisdiction, and the applicant was directed to pursue his allegations at the Canadian Human Rights Commission.