Practice Area: Pensions, Benefits & Compensation

GM had Contractual Right to Reduce Retiree Benefits of Executives, But Not Other Salaried Employees

· 2 min read

In a recent class action motion, O’Neill v. General Motors of Canada, the Ontario Superior Court concluded that General Motors of Canada (“GM”) breached its contract with certain non-executive salaried employees when it reduced their post-retirement benefits after they had retired. The Court found that GM had not clearly and unambiguously reserved its right to…

Hicks Morley’s Lawyers Globally Recognized as Top 500 Leaders

Hicks Morley is pleased to announce that Christopher Riggs, Stephen Shamie, John Brooks, and Craig Rix are globally recognized as Top 500 ICFM Leading Lawyers by InterContinental Finance 2013 Magazine. They were selected for their border-crossing roles as leaders in the legal field. InterContinental provides international reviews, focusing on distinct practitioners with significant cross-border standings. View…

Hicks Morley cited in Benefits and Pensions Monitor

On August 2, 2013 Benefits and Pensions Monitor cited Hicks Morley’s recent FTR Now entitled “The Ontario Court of Appeal Confirms Pension Assignments must be ‘Clear and Unambiguous’” which reviewed the Court’s decision in Vladescu v. CTVglobemedia Inc. Hicks Morley’s Frank Cesario successfully argued on behalf of CTV at both the motions court and appellate…

The Ontario Court of Appeal Confirms Pension Assignments must be “Clear and Unambiguous”

· 6 min read

In a marriage breakdown situation where family assets are being valued and/or divided, a member’s workplace pension entitlements are often the most significant asset. To settle the property issues, a member and his or her spouse may agree that the member will assign an interest in the member’s benefit to the spouse. Unfortunately, it is…

GM Benefits Plan Language Did Not Allow Reduction After Non-Executives’ Retirement; GM Plans Appeal

· 6 min read

Justice Belobaba of the Ontario Superior Court of Justice has found that General Motors of Canada (“GMCL”) breached its contract with certain retired non-unionized salaried employees when it reduced their post-retirement health care and life insurance benefits. On this motion for partial summary judgment, the Court held that, in the reservation of rights (“ROR”) clause…

Québec Publishes Private Sector Solvency Deficiency Draft Regulation for Comment

· 1 min read

On July 10, 2013, the Québec government published a draft regulation made under the Supplemental Pension Plans Act (“Act”) entitled “Pension plans in the private sector – New relief measures for the funding of solvency deficiencies” (“Draft Regulation”). The Draft Regulation offers relief measures for the funding of deficiencies in private sector defined benefit plans…

PBA Amendment Repealing Provisions Relating to Withdrawal of Locked-In Retirement Funds in Force January 1, 2014

· 1 min read

Section 4 of Schedule 44 of the Strong Action for Ontario Act (Budget Measures), 2012 has been proclaimed into force effective January 1, 2014. Section 4 amends the Pension Benefits Act by repealing certain provisions relating to the Superintendent’s involvement in approving withdrawals from locked-in retirement savings arrangements. As previously reported, a supporting regulation to…

PBA Amendment Relating to Retroactivity of Certain Regulations Now in Force

· 1 min read

Schedule 11 of the Prosperous and Fair Ontario Act (Budget Measures), 2013 has been proclaimed into force effective June 21, 2013. Among other things, Schedule 11 amends the Pension Benefits Act to add a provision allowing for the retroactive effect of regulations relating to the funding of a defined benefit pension plan by allowing a…

Hicks Morley Receives Highest Ranking in Labour Relations in the 2013 Canadian Legal Lexpert® Directory

Hicks Morley is delighted to once again be named “Most Frequently Recommended” in the Labour Relations (Toronto) category and “Consistently Recommended” in Labour Relations (Ottawa) category. The firm has once again been ranked “Consistently Recommended” in the Pension & Employee Benefits category and “Repeatedly Recommended” in Labour Relations – Construction Sector category. Published since 1997,…