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Pensions and Benefits


We cover pensions and benefits from just about every angle.
Assets and liabilities, employers and trustees, agreements and disputes: our expertise covers the full gamut of pension and benefits regulatory, governance, litigation, insolvency, investment and transactional matters, for clients in all major markets.
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Overview

The legal landscape for Canadian pension and benefits plans continues to evolve rapidly. Our team provides insight into more than just the numbers. Our history of groundbreaking pension litigation informs our analysis. We represented national and multinational companies and develop innovative strategies that prove to be cost-effective.

 

We address pension and benefit plan structure, funding, conversions, investment, governance, freezes and wind-ups for all types of registered and non-registered plans. We draft and review all plan documents, including the funding and governance policies that are becoming mandatory. As stakeholder communications gain importance, we work with clients to structure effective messaging, ensure regulatory compliance and reduce the risk of litigation down the road.

 

We are well-known for our expertise in pension and benefits litigation. Fasken represented the first employer in Canada to succeed in a pension dispute before the Supreme Court of Canada. We have particular expertise in dealing with pension priority issues in insolvency proceedings.

 

We regularly address pensions and benefits issues in the context of M&A transactions, bank loans and restructurings.

 

We advise on incentive plans for executives and broader employee groups. As well as drafting new plans, we adapt plans of foreign parent companies to the Canadian tax and securities law regimes.

 

Our clients include employers of all types, plan administrators, financial institutions, governments, actuarial and benefits consultants and pension regulators.

 

Sign up for our periodic “Pensions and Benefits Newsletter” and seminars, or contact any of our lawyers to learn more. 

Achievements

Team

Primary Contacts
  • Ross A. Gascho, Partner | Leader, Pensions and Benefits, Toronto, ON, +1 416 865 5447, rgascho@fasken.com
  • Michael Wolpert, Partner, Calgary, AB | Toronto, ON | Vancouver, BC, +1 403 261 8490, mwolpert@fasken.com
  • Dominique Monet, Partner, Ottawa, ON | Montréal, QC, +1 514 397 7425, dmonet@fasken.com
  • Stéphane Fillion, Partner, Montréal, QC, +1 514 397 4309, sfillion@fasken.com
  • Nigel Carman, Counsel, Johannesburg, +27 11 586 6017, ncarman@fasken.com

Client Work

  • Building Controls & Solutions completes add-on investment through the acquisition of Yorkland Controls Limited, [Deal - Building Controls & Solutions and LKCM Headwater Investments], Private investment firm completes add-on investment for its portfolio company.
  • H.W. International B.V. sells its North American operations to Risk Strategies, [Deal - H.W. International B.V.], Global, privately-owned insurance broker completes sells North American operations to United States brokerage firm.
  • Trustees of the BC Credit Union Employee’s Pension Plan confirmed by Court of Appeal to have acted in accordance with the Plan and their fiduciary obligations, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], The trustees of a multi-employer pension plan of BC Credit Unions were found to have acted in accordance with the pension plan and their fiduciary obligations in increasing the normal retirement date to age 65 for full pension entitlement. The British Columbia Court of Appeal dismissed a claim ostensibly brought by four members of the plan, but supported by the BC Government Employees Union.
  • The Sarjeant Company Limited completes acquisition of Northern Ontario assets from Superior Propane, [Deal - The Sarjeant Company Limited], Leading Canadian construction and energy solutions provider acquires Northern Ontario assets from Canada’s largest propane distributor.
  • Tru Tech Corporation acquired by ODL, Incorporated, [Deal - Tru Tech Corporation], Canadian leader in exterior door manufacturing acquired by prominent American building products supplier
  • Larkin v. Johnson, 2023 BCCA 116, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], Trustees of a multi-employer pension plan of BC Credit Unions were again vindicated by the Court of Appeal.
  • Counsel to Trustees of the British Columbia Credit Union Employees’ Pension Plan in member claim dispute, [Case - Trustees of the British Columbia Credit Union Employees’ Pension Plan], Took on a crucial role as legal counsel, representing pension plan trustees in a dispute involving four members of a multi-employer pension plan registered in British Columbia. This case revolves around the plan's defined benefit provisions and has implications for pension trustees.
  • Syndicate of international lenders led by The Bank of Nova Scotia completes US$2.5 billion financing in favour of TELUS International, [Deal - A syndicate of lenders with The Bank of Nova Scotia acting as administrative agent], Significant financing for a TSX and NYSE listed global digital customer experience innovator
  • York University successful in having termination for benefits fraud upheld, [Case - York University], Top ranked international teaching and research university defends termination grievance

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