Our Pensions, Benefits & Compensation Practice Group has exceptional depth, with lawyers devoting their practice to this area of law.
Hicks Morley’s Pensions, Benefits & Compensation Practice Group provides a full range of legal services covering the legal, regulatory, taxation, administration and human resources aspects of pension plans, retirement savings plans, group benefits and incentive plans, as well as all aspects of employment compensation. We provide innovative and practical advice to employers, administrators and governments on legislative and regulatory solutions to address the operation, administration and funding of all forms of defined benefit pension plans, defined contribution plans, target benefit plans and jointly sponsored pension plans. We support plan administrators in fulfilling their fiduciary duties including through the development and maintenance of robust governance frameworks and practices. We represent employers and administrators in courts, at arbitrations, at the Financial Services Tribunal and before other administrative bodies.
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.
Services
Advice
We advise and represent employers and administrators on all legal issues relating to registered pension plans, supplementary pension arrangements, group savings plans, employee health and welfare benefit plans, and compensation arrangements including:
- compliance across Canadian legislative jurisdictions and with the Income Tax Act
- plan design
- transactions and asset transfers (including to jointly sponsored pension plans)
- plan wind-ups
- investments
- plan expenses
- group benefits transactions
- top-up plans
- fiduciary duties (including fiduciary training for boards of directors and pension committees)
- pension and other retirement plan governance
- service-provider negotiations
- annuity purchases
- surplus entitlement and distribution
- funding issues
- employee life and health trusts
- incentive arrangements
- taxable benefits
- payroll obligations
We frequently advise employers on pension and benefit matters in collective agreement negotiations. In addition, we regularly provide cross-border advice to multi-national private sector employers, working closely with U.S. counsel and local counsel in other jurisdictions.
Compensation
We regularly advise employers on compliance with payroll obligations including under the Income Tax Act and applicable government plans. We advise boards of directors and senior management on all aspects of incentive compensation including both cash- and equity-based plans for CEOs and other executives. These include bonus plans, 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.
Restructuring and Transactions
We have acted as pension counsel on significant corporate restructurings under the Companies’ Creditors Arrangement Act in Canada. We provide pensions, benefits and compensation advice to both sellers and purchasers during the strategy and negotiation phases of corporate transactions, and with respect to the implementation of changes after closing, such as harmonization of benefits or the establishment of new plans.
Litigation
We act for employers and provide advice on all matters relating to pensions, benefits and compensation litigation. Learn more.