Law360 Canada (September 29, 2023, 1:53 PM EDT) -- Appeal by Financial Services Regulatory Authority of Ontario (“FSRA”) from motion judge’s dismissal of stay motion and certification order on grounds that issues raised in dispute were within exclusive jurisdiction of Financial Services Tribunal (“FST”). Brewers Retail Inc. (“Brewers”) established a defined benefit pension plan for salaried employees. Brewers was the employer and the Plan administrator. Brewers amended the Plan to provide adjustments to pensions in pay based on the annual consumer price index (“Indexing”). Brewers filed Plan amendments with the Financial Services Commission of Ontario (“FSCO”), to limit the Indexing. A group of affected Plan members formed the Pension Stewardship Steering Committee (“Committee”) to dispute the amendment and made submissions to FSCO on the matter. Over five years of negotiations followed between Brewers and the Committee, and the parties ultimately identified and settled all Indexing issues in a manner acceptable to them and to FSCO. FSCO approved the settlement agreement, including the agreed-on implementation process. FSRA replaced FSCO. When the parties began the class proceeding, FSRA sought to have the proceeding stayed, claiming FST had exclusive jurisdiction over the matter. The motion judge rejected that claim, dismissed the stay motion and ordered certification....