Financial Services Commission of Ontario

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Rockwell Automation Canada Inc.

On February 20, 2006, the FST issued a decision affirming the Superintendent's March 1999 consent to an asset transfer from the Pension Plan for the Salaried and Management Employees of Reliance Electric Ltd. (the "Reliance Plan") to the Revised Retirement Plan for the Employees of the Allen-Bradley Division of Rockwell International of Canada (now the Pension Plan for Employees of Rockwell Automation Canada Inc.).  The FST held that it was not a breach of trust to merge the two plans and that the terms of the Reliance Plan expressly permitted a merger.  A Notice of Appeal has been filed with the Divisional Court with respect to this decision by Michael Lennon, on behalf of the members of the Reliance Plan.

Updated on May 26, 2006

Motion by Rockwell to dismiss appeal for delay scheduled for Feb. 9/07

Updated on January 31, 2007

Divisional Court heard the appeal on April 12 and 13, 2007 and reserved its decision.

Updated on April 16, 2007

The Divisional Court released its decision on October 31, 2007. The appeal was dismissed with costs of $30,000 payable by Michael Lennon to Rockwell Automation Canada Inc.

Michael Lennon has filed a motion for leave to appeal this decision with the Court of Appeal.

Updated on January 7, 2008

Michael Lennon abandoned the motion for leave to appeal with the Court of Appeal.

Updated on February 8, 2008