Representative Work

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Elizabeth acted as lead pension and benefits counsel to a large steel manufacturer in Companies Creditors’ Arrangement Act proceedings.

Lisa regularly advises on pension buy-in and buy-out annuity contract provisions and other de-risking initiatives including a recent multi-tranche annuity transaction.

In 2018, Elizabeth   advised the employer sponsor of a public sector jointly sponsored pension plan on the creation of a new benefit option under the plan for the not-for-profit sector.

In 2018, Elizabeth  represented a foreign parent corporation in defending two proposed Newfoundland and Labrador class actions seeking damages over $250 million in relation to pension and benefits claims related to insolvent Canadian subsidiaries.

In 2015-2016, Terra acted as pension counsel to one of two pension plans who entered into a novel $530 million buy-in annuity transaction where longevity and inflation risk were transferred to the insurer. This was the largest transaction of its kind in Canadian history.

In 2017, John assisted a large employer and pension plan administrator on its engagement
of an outsourced chief investment officer (OCIO) to invest a portfolio of defined benefit
pension plan, defined contribution and supplemental pension assets totalling over $3
billion.

Elizabeth advised several employers in their ongoing negotiations for the conversion of their existing defined benefit and hybrid registered pension plans to a multi-employer jointly sponsored pension plan, involving multiple unions and other interested stakeholders.

In 2015-16, Lisa negotiated the transition of a specialized retirement income plan and investment structure to a new decumulation platform.

Terra acted as pension and benefits counsel to a large steel manufacturer in its 2014-2017 Companies Creditors’ Arrangement Act proceedings, in which the restructuring of legacy pension and post-retirement benefits were a critical aspect of the restructuring. Terra  acted for this employer in 2018 in the successful further restructuring of the "post-retirement benefit deal" with the unions and retiree groups.

In 2016–2017, John successfully co-defended a business against multiple proceedings in which the Minister of National Revenue alleged that certain of the business' workers had been improperly characterized as independent contractors for Canada Pension Plan and Employment Insurance purposes.

Elizabeth successfully defended large defined benefit pension plan administrators in applications before the Canadian Human Rights Tribunal and the Ontario Human Rights Tribunal.

Lisa successfully defended a public sector organization in pension negligent misrepresentation litigation.

Terra acted for both purchasers and sellers, advising on pension, benefits and employment matters, in a number of corporate M&A transactions in recent years.

In 2018, Terra advised the employer sponsor of a public sector jointly sponsored pension plan on the creation of a new benefit option under the plan for the not-for-profit sector.

In 2015–2016, John drafted and advised on the implementation of various incentive compensation plans for one of the largest investment managers in Canada.

In 2018, John  represented a foreign parent corporation in defending two proposed Newfoundland and Labrador class actions seeking damages over $250 million in relation to pension and benefits claims related to insolvent Canadian subsidiaries.

Lisa implemented a number of conversions from defined benefit to defined contribution pension plans for both provincially and federally regulated employers.

Lisa acted as pension counsel to a large steel manufacturing company in its 2014-2017 Companies Creditors’ Arrangement Act proceeding including advising on the pension standards and income tax aspects of an alternative funding and pension governance regime that was key to the successful restructuring.

In 2018, Lisa  advised the employer sponsor of a public sector jointly sponsored pension plan on the creation of a new benefit option under the plan for the not-for-profit sector.

What We Think

CPBI Ontario Signature Series: Pension Investment Forecast

January 7, 2019

“Pensions and the Bargaining Table: Consolidation, Conversion and Communication”

November 28, 2018

Sidebar: Federal Consultation on Enhancing Retirement Security for Canadians

November 28, 2018

“Pensions & Benefits - 2018 Legal Update”

November 21, 2018

Sidebar: Ontario Government Supports Efficiencies in Pension Sector

November 19, 2018

 

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