January 23, 2008

Lomas v. Rio Algom Ltd., 2008 ONSCDC 2596

Case Summary

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.

Lomas v. Rio Algom Ltd. et al. [Indexed as: Lomas v. Rio Algom Ltd.]

89 O.R. (3d) 130

Ontario Superior Court of Justice,

Divisional Court,

Lane, Kiteley and Murray JJ.

January 23

Judges

Lane

Counsel

Applicant
NNeil Finkelstein
Respondent
CCharles F. Scott
Respondent
AAshley Lattal
Applicant
JJeff Galway
Respondent
TTracy L. Wynne
Respondent
EEllen Swan
Applicant
EE. Anne Glover

Parties

Rio Algom Ltd.applicant
Lomasrespondent
John Lillrespondent
Brent Cochranerespondent

Areas of Law

Civil Litigation - Defendant Civil Litigation - Plaintiff Employment and Labour Law

Fact Patterns

pension planbreach of trustpartial wind upmotion to strike

Issues

Whether the court has jurisdiction to order an employer plan administrator to terminate a defined benefits pension plan and distribute its assets pursuant to the Pension Benefits Act.→ dismissed — it is not plain and obvious that the claim cannot succeed