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Surplus sharing arrangement goes sour after Meilleur Avant date

Stikeman Elliott LLP
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Canada
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May 8 2013

A recent decision of the Ontario Superior Court (Court) illustrates complexities that can arise where a pension plan is partially wound up

Re Indalex in the Supreme Court of Canada

Stikeman Elliott LLP
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Canada
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February 20 2013

The Court of Appeal for Ontario's (the "OCA") decision in Re Indalex Ltd. was decried by professionals in pension, banking and insolvency practices

SCC decision in Re Indalex not good news for cash collateral arrangements

Stikeman Elliott LLP
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Canada
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February 8 2013

Swaps market participants accepting cash collateral from an entity subject to Ontario provincial pension benefits legislation will want to consider

Holiday gift from Supreme Court of Canada to public sector pension plan members - a lump of coal. Members not entitled to pension surplus

Stikeman Elliott LLP
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Canada
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January 18 2013

In Professional Institute of the Public Service of Canada v. Canada, the Supreme Court of Canada (SCC), was asked to examine whether plan members had

Tax Court of Canada permits employer deduction of fair market value of stock grant

Stikeman Elliott LLP
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Canada
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December 7 2012

Equity-based incentive plans have in recent years become a common component of the compensation package for executive employees in Canada

British Columbia Supreme Court weighs in on test for leave to commence a secondary market action

Stikeman Elliott LLP
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Canada
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November 6 2011

The first decision from a BC court to address the requirement for leave to commence an action for civil liability for secondary market disclosure under Part 16.1 of the British Columbia Securities Act was released on October 21, 2011

A distinction based on age in a pension plan does not amount to discrimination

Stikeman Elliott LLP
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Canada
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November 2 2011

It is well-established that the act of forcing an employee to retire based solely on his age amounts to discrimination pursuant to the Charter of Human Rights and Freedoms

The Court of Appeal of Québec confirms that the past generosity of an employer does not create a legal right for employees in the future

Stikeman Elliott LLP
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Canada
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July 4 2011

The Court of Appeal of Québec has recently reversed a judgment of the Superior Court that had granted two former employees an indemnity in lieu of reasonable notice corresponding to 36 months and supplementary pension payments based on past practice

Ontario court finds that benefits paid to former employee under a WSIB loss of earnings program should be credited against damages award

Stikeman Elliott LLP
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Canada
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July 4 2011

In the recent Ontario Superior Court of Justice case of Jensen v. Schaeffler Canada Inc., the Court found that loss of earnings benefits provided to a former employee pursuant to an Ontario Workplace Safety and Insurance Board “Labour Market Re-entry Program” should be credited against a damage claim for wrongful dismissal

Female employees had until may 30, 2011 to fully benefit from retroactive salary adjustments related to pay equity

Stikeman Elliott LLP
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Canada
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June 14 2011

Employees may file a complaint before the Commission de l’équité salariale , inter alia, when an employer has not completed a pay equity program within the required timeframe pursuant to the Pay Equity Act

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