It’s not just about the money. Increasingly, executive compensation packages feature complex designs that incorporate pension benefits along with ever more creative bonus plans, and stock and equity options. Defending organizations against employee claims for entitlement to these benefits requires a multi-disciplinary approach to litigation that incorporates pension law, employment law and tax law expertise – and Hicks Morley delivers.
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
While Canada and the United States are alike in many respects, there are a few key differences in litigation law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
Represented a plan administrator before the Court of Appeal for Ontario in a claim for a survivor pension which considered the test for qualifying as a common-law spouse and the administrator’s discharge provision under the PBA.
Pension counsel to a leading steel producer in its CCAA restructuring.
Represented trustees of a pension plan in a class action relating to ownership of surplus pension plan funds and administration of the pension plan and successfully resolved the matter with no liability for the trustees.
Successfully argued on behalf of a large steel mill that the union’s unreasonable conduct meant that no compensation should be awarded to an employee.
Represented an employer in negotiations to transform a single-employer pension plan into a jointly-sponsored pension plan, requiring agreement with the union on joint governance, solvency funding relief, employer contribution limits and benefit modifications.
Represented multiple pension plan trustees in a class action relating to ownership of surplus pension plan funds.
Represented actuary in litigation relating to liability for pension advice in context of pending CCAA proceedings dealing with emerging issues concerning competing obligations of employer as pension plan administrator/sponsor.