IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, (the “PBA”);
AND IN THE MATTER OF a Notice Intended Decision of the Superintendent of Financial Services to consent under section 78(1) of the PBA to a payment out of the pension fund for the Pension Plan For Salaried Employees of Corby Distilleries and Affiliated Companies, Registration Number 0413880 (the “Plan”).
TO: |
Corby Distilleries Limited
2072 Riverside Drive East
Windsor ON N8Y 4S5
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Attention: |
Cathy Duquette
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Applicant and Employer
AND TO: |
Paul Litner
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto ON M5X 1B8
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CONSENT
ON OR ABOUT December 2, 2011, the Superintendent of Financial Services caused to be served on Corby Distilleries Limited a Notice of Intended Decision dated December 2, 2011 to consent, pursuant to section 78(1) of the PBA, to payment out of the pension fund for the Pension Plan For Salaried Employees of Corby Distilleries and Affiliated Companies, Registration Number 0413880, to Corby Distilleries Limited in the amount of $334,122, as at August 31, 2010, plus adjustments to the actual date of the payment being made pursuant to the terms of the surplus sharing agreement between Corby Distilleries Limited and Koskie Minsky LLP dated September 23, 2011 (the “Surplus Sharing Agreement”).
NO REQUEST FOR HEARING was delivered to the Financial Services Tribunal by the Applicant or any other party within the time prescribed by section 89(6) of the PBA.
THE SUPERINTENDENT OF FINANCIAL SERVICES THEREFORE CONSENTS, for the reasons set out in the Notice of Intended Decision, to the payment out of the pension fund for the Pension Plan For Salaried Employees of Corby Distilleries and Affiliated Companies, Registration Number 0413880 to Corby Distilleries Limited in the amount of $334,122, as at August 31, 2010, plus adjustments to the actual date of the payment being made pursuant to the terms of the Surplus Sharing Agreement.
THIS CONSENT IS EFFECTIVE ONLY AFTER the Applicant satisfies me that any payments pursuant to the Surplus Sharing Distribution Agreement to which the members, former members and any other persons are entitled to, have been paid, purchased, or otherwise provided for.
DATED at Toronto, Ontario, this 13th day of January, 2012.
Brian Mills
Director, Pension Plans Branch
by Delegated Authority from the Superintendent of Financial Services |