The applicant sought an order directing the trustee of a pension plan, if found to be in breach of trust, to apply under s. 68 of the Pension Benefits Act for a partial winding up of the plan.
The respondent moved to strike the claim.
The motion judge dismissed the motion, finding it was not plain and obvious that the claim could not succeed.
The respondent appealed to the Divisional Court.
The majority of the Divisional Court dismissed the appeal, holding that the appropriateness of the remedy could only be determined on a full factual record.
