John Prezioso

John is a lawyer at BMKP Law practicing in the areas of pension, benefits and executive compensation law.

In the area of pension, John advises employers and plan administrators in the private, public and not-for-profit sectors on compliance, administration and governance issues relating to their pension plans and employee group benefits plans, and issues relating to pension plan investment, de-risking of defined benefit pension plans and decumulation issues in the defined contribution context.   John has taught the Pension Law course at Queen`s University Faculty of Law.

John has extensive experience working with employers and leading compensation consultants in the design, drafting, administration and communication of incentive compensation plans for employees and executives, and with tax, employment and other compliance issues relating to incentive compensation plans.

John regularly advises employers with respect to tax issues relating to employees, officers, directors, shareholders and independent contractors, including source deduction and tax reporting issues relating to employee compensation and taxable benefits, as well as payroll audits and the correction of deduction, remittance and reporting errors.

Representative Work

In 2018, 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 2017, 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.

In 2016–2017, 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.

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

Awards & Accolades

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  • The Best Lawyers in Canada (2019)

Associations & Memberships

  • Queen’s University Faculty of Law – Past Sessional Instructor, Pensions and the Law
  • Osgoode Professional Development – Instructor, Pension Law Certificate Program
  • Canadian Bar Association – Member
  • Ontario Bar Association – Member (Pension and Benefits Law, and Taxation Law Sections)

Education

  • Osgoode Hall Law School, J.D.
  • University of Toronto, B.Sc. (with High Distinction)

Publications & Presentations

  • Pensions 101 for Employment Lawyers - Waterloo Region Law Association, June 15, 2018
  • Family Matters – Challenges for Today’s Plan Administrator - Canadian Pension & Benefits Institute Ontario Pension Signature Series, April 19, 2018
  • Cross Border Pension Governance Audits, American Bar Association-Canadian Bar Association Joint Committee on Employee Benefits Webinar (December 14, 2017)
  • Pension Plan Governance: Cybersecurity Governance and Member Communications, Ontario Bar Association, November 28, 2017
  • Sidebar: Welcome Amendments to the Ontario Pension Benefits Act Contained in Stronger, Fairer Ontario Act (Budget Measures), 2017, November 21, 2017
  • Sidebar: AMPed up Pension Enforcement Coming to Ontario, October 5, 2017
  • “ESG: Coming Soon to a SIP&P Near You”, CPBI Ontario Regional Conference (October 28, 2015)
  • “Skin in the Game (How to Design an Incentive Compensation Program and Avoid a Lawsuit)”, Benefits Canada 48 (December 2014)
  • “NCR Canada Ltd. v. International Brotherhood of Electrical Workers, Local 213”, Canadian Bar Association E-News, Co-author (November 2014)
  • 12th Taxation of Executive Compensation and Retirement Course, Co-Chair, Federated Press (September 16, 2014)
  • “A Roadmap from DB to DC Pension Benefits: How to Avoid the Legal Road Bumps”, CPBI National Webinar Series (December 5, 2013)
  • “Ontario Court Finds GM Benefits Plan Language Did Not Allow Reduction of Benefits After Non-Executives’ Retirement”, American Bar Association International Labor and Employment Law Committee Newsletter (August 2013)
  • “Pensions without Borders”, OBA Institute 2013 Pension & Benefits Law Program, Co-Chair (February 7, 2013)
  • “Liability and the Fiduciary”, 17th Essential Skills for Pension Committee Members, Federated Press (November 2010)