Gerald K. Culliton

The parties resolved the matter in terms of a settlement agreement.

The Court of Appeal dismissed the appeal without costs in accordance with the settlement.

The appellant appealed a decision of the Financial Services Tribunal confirming the Superintendent's consent to merge two pension plans following a corporate amalgamation.

The appellant argued the merger and subsequent use of the actuarial surplus from one plan to fund contribution holidays for the merged plan constituted a revocation of trust.

The Divisional Court dismissed the appeal, finding the Tribunal's decision reasonable and correct.

The court held that the plan documents permitted the merger and that using actuarial surplus to fund contribution holidays while a plan is ongoing does not constitute a revocation of trust.

The appellant appealed a final order regarding the sale of matrimonial properties, arguing it was granted without a case conference, despite the respondent's breach of a prior order, and without allowing her to complete her offer to purchase the matrimonial home.

The Court of Appeal dismissed the appeal, finding no error by the application judge.

The urgency of outstanding offers justified dispensing with the case conference, the prior breach was addressed by dispensing with consent for transfer, and there was reason to doubt the appellant's offer was better than a pending third-party offer.