Florence A. Holden

The applicant brought a motion before the Financial Services Tribunal seeking an order to compel the union to respond to 27 interrogatories and produce two documents.

The underlying dispute concerned the applicant's pension entitlements and access to an early retirement window following her dismissal.

The Tribunal dismissed the motion, finding that the majority of the interrogatories related to the applicant's employment grievance rather than the pension issues within the Tribunal's jurisdiction, and thus failed the Monsanto test for arguable relevance.

The remaining interrogatories were either already answered or lacked sufficient particularization.

The applicant requested a hearing before the Financial Services Tribunal after the Superintendent proposed to refuse his application for a mortgage agent's licence.

The refusal was based on the applicant's past criminal conviction for drug trafficking, alleged false statements, and an allegedly misleading LinkedIn profile.

The Tribunal found that the applicant did not make false statements and did not contravene the Act regarding the LinkedIn profile.

Applying the Henderson factors, the Tribunal concluded that the applicant's past conduct, which stemmed from a drug addiction that he had since addressed, did not render him unsuitable for licensing.

The Tribunal directed the Superintendent to issue the licence subject to conditions, including supervision by a licensed broker.