Lomas v. Rio Algom Limited et al. [Indexed as: Lomas v. Rio Algom Ltd.]
99 O.R. (3d) 161
Court of Appeal for Ontario,
Gillese, Blair and MacFarland JJ.A.
March 10, 2010
Pensions -- Winding up -- Court not having jurisdiction to make order compelling employer to commence proceedings to wind up pension plan pursuant to s. 68(1) of Pension Benefits Act -- Pension Benefits Act, R.S.O. 1990, c. P.8, s. 68(1).
The applicant, a former employee of the respondent and contributing member of the respondent's employee pension plan, brought an application for an order winding up the pension plan or directing the respondent to make an application under s. 68 of the Pension Benefits Act for the partial winding up of the pension plan. The respondent brought a motion to strike the paragraphs of the notice of application in which those remedies were requested as disclosing no reasonable cause of action. Before