Our Pension, Benefits & Executive Compensation practice group has exceptional depth, with all lawyers devoting their practice to this area of law.
We provide innovative advice to employers and governments on legislative and regulatory solutions to address funding and long-term sustainability of single employer defined benefit pension plans, target benefit plans and jointly sponsored pension plans. We represent employers and administrators in courts, at arbitrations, at the Financial Services Tribunal and before other administrative bodies. We also represent large pension plan administrators in pension-related human rights discrimination claims before the Ontario and Canadian Human Rights Tribunals.
At every stage, our comprehensive legal analysis is undertaken in the context of our clients’ broader business goals, so that solutions to complex legal issues are coupled with practical business advice.
We advise and represent private and public employers on all legal issues relating to their registered pension plans, supplementary pension arrangements, savings plans, and employee health and welfare benefit plans, including:
- compliance (including compliance with cross-Canada statutory pension reform for multi-jurisdictional plans)
- plan design
- pension governance
- funding issues
- fiduciary duties (including fiduciary training for Boards of Directors and pension committees)
- plan wind-ups
- surplus entitlement and distribution
- plan expenses
- group benefits transactions
We also advise employers on pension and benefit matters in collective agreement negotiations. In addition, we frequently provide cross-border advice to multi-national private sector employers, working closely with U.S. counsel and local counsel in other jurisdictions.
Restructuring and Transactions
We have been lead pension counsel on some of the most significant corporate restructurings under the Companies’ Creditors Arrangement Act (CCAA) in Canada, including Fraser Papers and U.S. Steel Canada. We also provide pension, benefits and executive compensation advice to both sellers and purchasers in corporate transactions.
We frequently advise Boards of Directors and senior management on all aspects of executive compensation and equity compensation plans for CEOs and other executives. These include stock option plans, share appreciation rights, restricted share units, performance share units, deferred share units, and other short- and long-term incentive plans and retention arrangements.