Jennifer Agnew

Play

Jennifer advises employers and plan administrators on all matters related to their pension and benefit plans including administration, governance, plan design, investment and compliance with minimum standards legislation and regulatory policy. Jennifer has worked with all types of pension plans in both the federal and provincial jurisdictions, including multi-employer and jointly sponsored pension plans.

Jennifer has a depth of experience with pension and benefit issues that arise with the purchase and sale of a business and other corporate restructuring. She also routinely advises plan administrators on the valuation and division of pension benefits upon spousal breakdown and benefit entitlements upon the death of a plan member. Jennifer also has significant experience advising employers on entitlement to surplus following the wind-up of their defined benefit pension plan.

Jennifer has represented employers in a number of different types of pension and benefit-related advocacy, including proceedings before the Ontario Financial Services Tribunal and collective agreement negotiations. She is also an in-demand speaker at pension and benefits conferences and at internal retirement committee meetings, including fiduciary educational training.

Prior to joining BMKP Law, Jennifer practiced in the pension and benefit groups at two large Canadian law firms. She also worked in-house as a policy and legal advisor to one of Canada’s largest public sector pension plans.

Representative Work

• Successfully represented an employer at the Ontario Financial Services Tribunal regarding its entitlement to surplus following the wind-up of the employer’s defined benefit pension plan (see Crosby Canada Inc. v. Ontario (CEO of FSRA), 2022 ONFST 11).
• Represented a number of employers in the negotiation and implementation of surplus sharing agreements with members following the wind-up of the employer’s defined benefit pension plan, including assistance with the regulatory approval process.
• Assisted a number of employers in the private, not-for-profit and broader public sectors join an Ontario jointly-sponsored pension plan as a participating employer, including the negotiation of the employer’s participation and asset transfer agreements and negotiations with applicable unions.
• Advised a number of employers with the negotiation of buy-out and buy-in annuity policies for the employer’s defined benefit pension plan.
• Provides ongoing advice to a number of large multinational and domestic employers on a myriad of Canadian defined benefit and defined contribution pension issues, including investment, decumulation, de-risking, compliance, plan consolidations and mergers and acquisitions.

Awards & Accolades

• The Best Lawyers in Canada™ (2024, 2025)
  Employee Benefits Law
• Canadian Legal Lexpert Directory (2024)
  Repeatedly Recommended: Pensions & Employee Benefits – Employer

Associations & Memberships

• Financial Services Regulatory Authority of Ontario | Defined Benefit Single Employer Pension Plan Technical Advisory Committee | Member (2023-2027)
• Northwind’s Annual Pension Fund Invitational Forum | Steering Committee | Member (2022, 2024)
• Financial Services Regulatory Authority of Ontario | Technical Advisory Committee for Missing Members in the Pension Sector | Member (2019-2020)
• Canadian Bar Association | Pension and Benefits Law Section | Member
• Ontario Bar Association | Pension and Benefits Law Section | Member

Education

• J.D., University of Western Ontario
• B.A., University of Toronto (with High Distinction)