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Supreme Court of Canada’s decision in Nolan v. Kerry (Canada) Inc: good news for pension plan sponsors

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 10 2009

On August 7, 2009, the Supreme Court of Canada released its long-awaited decision in Kerry (Canada) Inc. v. Nolan et al

Supreme Court of Canada denies leave in Marine Atlantic case

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 9 2009

On March 5, 2009, the Supreme Court of Canada denied with costs the plan members’ application for leave to appeal from the decision of the Federal Court of Appeal in Dana P. Cousins et al. v. Attorney General of Canada et al., more commonly known as the “Marine Atlantic” case

Ontario Court of Appeal exacerbates uncertainty for pension plans affected by business reorganizations

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 13 2010

In a recently released decision, Hydro One Inc. Ontario (Financial Services Commission), the Ontario Court of Appeal reconsidered the threshold for when the Superintendent of Financial Services (the “Superintendent”) may order a partial wind-up of a pension plan pursuant to paragraph 69(1)(d) of the Pension Benefits Act (Ontario) (the “PBA”