Practice Area: Litigation

No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans

· 12 min read

In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan.  The Federal…

Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award

· 22 min read

INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc.  The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…

Supreme Court of Canada Issues Landmark Judicial Review Decision

· 12 min read

On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…

E-Discovery News – Sedona Canada Principles Launched

· 5 min read

IN THIS ISSUE: The Context for Change What are the Sedona Canada Principles? The Principles The Sedona Canada Working Group has launched its authoritative guide to electronic discovery in Canada. The Principles should play an important role in advancing electronic discovery practice in Canada. THE CONTEXT FOR CHANGE The increasing cost of litigation and preserving…