Kerry (Canada) Inc. v. DCA Employees Pension Committee – 3

March 15, 2006

The Ontario Divisional Court issued its reasons, allowing the Plan Member Committee’s appeal of the decisions of the Financial Services Tribunal. The Court held that the Tribunal had erred in finding that the employer was permitted to pay Plan expenses out of the Plan Fund, and that the employer was entitled to take a contribution holiday in respect of the defined contribution portion of the Plan.

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