H. v. Ontario (Superintendent of Pensions)
H. v. Ontario (Superintendent of Pensions)
Summary
This is an appeal to the Court of Appeal from a Divisional Court decision dismissing an application for judicial review. Members of an importing company's pension plan sought to quash the Superintendent of Pensions' approval of a transfer of pension assets and liabilities from an exporting company following a business sale. The Divisional Court held that the Superintendent owed no duty of natural justice to the importing employees at the transfer stage, only to the exporting employees. The Court of Appeal agreed and dismissed the appeal because the importing employees' interests would be addressed and protected at the subsequent plan amendment stage.
Outcome
appeal dismissed
Key Factors
- standard of review
- reasonableness simpliciter
- duty of fairness
- notice and submissions
- transfer of pension assets
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.