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Results: 1-10 of 35

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


Re Indalex: another decision on deemed trust
  • Borden Ladner Gervais LLP
  • Canada
  • February 25 2010

On February 18, 2010, the Superior Court of Ontario issued a judgment in Re Indalex which confirmed that the "deemed trust" under the Pension Benefits Act (Ontario) ("PBA") does not arise in respect of the solvency deficiency of a continuing pension plan or in respect of special payments in a plan wind-up which are not due and payable at the relevant time


2010 Ontario Budget modernizing pensions and retirement income system
  • Borden Ladner Gervais LLP
  • Canada
  • March 30 2010

The 2010 Ontario Budget was tabled on March 25, 2010


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”


Employee life and health trusts
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2010

The Department of Finance recently released proposed amendments to the Income Tax Act (Canada) (the "ITA") relating to employee life and health trusts


Ontario Court of Appeal holds pension plan members cannot require employer to wind up plan
  • Borden Ladner Gervais LLP
  • Canada
  • March 12 2010

In a decision released on March 10, 2010, Lomas v Rio Algom Limited, the Ontario Court of Appeal held that pension plan members cannot obtain a court order requiring the employer to wind up a pension plan


CRA administrative procedures for retroactive lump sum catch-up payments
  • Borden Ladner Gervais LLP
  • Canada
  • September 30 2009

Where a delay inadvertently occurs in the commencement of pension benefit payments to a member or hisher survivor, the obvious remedy is for a lump sum catch-up payment to be made out of the pension plan on account of the missed pension benefits


CAPSA consultation paper on the prudence standard in pension plan funding and investment
  • Borden Ladner Gervais LLP
  • Canada
  • December 7 2009

On November 30, 2009, the Canadian Association of Pension Supervisory Authorities (CAPSA) released a consultation paper on "The Prudence Standard and the Roles of the Plan Sponsor and Plan Administrator in Pension Plan Funding and Investment" for comment


Pension plan administrators given guidance on prudent investment practices
  • Borden Ladner Gervais LLP
  • Canada
  • November 29 2011

Pension plan administrators in Canada have the challenging task of selecting appropriate investments for pension plans, and reporting and monitoring such investments


Defined benefit plan sponsors given guidance on pension plan funding policies
  • Borden Ladner Gervais LLP
  • Canada
  • December 8 2011

The sponsor of a defined benefit plan is legally obliged to ensure that the pension plan is funded over time