How have courts dealt with an application seeking to force an employer to make payments into a pension fund for the benefit of certain pension members?

In Nolan v. Ontario (Superintendent of Financial Services), the application was brought by a committee on behalf of certain pension members to require the employer to make payments into the pension fund for their benefit as a result of the employer paying expenses from the fund and taking contribution holidays. Gillese J.A. held that while the interpretation of the pension and trust documents was essential to resolving the case, the litigation was not directed to having the courts determine the rights of beneficiaries but rather was adversarial in nature. She stated: This litigation was not about beneficiaries' rights; it was about the propriety of actions taken by those responsible for the administration of the Fund and its aim was to force the employer to make payments into the Fund to the benefit of a limited group. In my view, the claims advanced were adversarial in nature; they were not directed at the interpretation of documents to ascertain beneficiaries' rights.