In favour of Sobeys, obtained a judgment from the Court of Appeal preliminarily dismissing a declaratory and injunctive order in respect of a pension plan. The Court of Appeal thus allowed the preliminary argument and decided that the retired employees, dissatisfied with amendments made to their pension plan following a merger, could not petition the civil tribunals to cancel these changes. In this case, since the pension plan was an integral part of the collective agreement, the court concluded that only an adjudicator had jurisdiction to settle the dispute. The workers' complaint was therefore dismissed in spite of the fact that the time limit for filing the grievance had run out. The leave to appeal this judgment before the Court of Appeal was rejected by the Supreme Court of Canada.