The court dismissed an appeal overturning a decision of the Financial Services Tribunal which had held that section 70(6) of the Ontario Pension Benefits Act, R.S.O. 1990, c. P.8, does not require a distribution of the actuarial surplus when there is a partial wind-up of an Ontario defined benefit pension plan
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Pension plans – winding-up – surplus – Judicial review – Compliance with legislation – Standard of review – Correctness – Statutory interpretation – Legislation Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services), [2004] S.C.J. No. 51, Supreme Court of Canada, July 29, 2004, McLachlin ...