Following the sale of a business, the Superintendent of Pensions approved the transfer of pension assets and liabilities from the exporting employer to the importing employer without giving notice to the importing employer's employees.
The employees applied for judicial review, arguing a breach of natural justice.
The Court of Appeal dismissed the appeal, holding that the Superintendent's procedure was reasonable.
The court found that the employees' interests would be adequately protected at the second stage of the process, when the importing employer applied to amend its pension plan, at which point notice and an opportunity to make submissions would be provided.