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ARTICLE · 15 JUNE 2007

New Developments For Federally Regulated Pension Plans

Borden Ladner Gervais LLP
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The ramifications of two of the Supreme Court of Canada’s recent decisions regarding pension plans are playing out in the federally regulated sphere.

CanadaCorporate/Commercial Law

Originally published May 2007

By Borden Ladner Gervais LLP's Pensions Group

The ramifications of two of the Supreme Court of Canada’s recent decisions regarding pension plans are playing out in the federally regulated sphere. The Office of the Superintendent of Financial Institutions ("OSFI") has released a decision regarding the requests for termination of the pension plans involved in the Buschau saga, and the Federal Court has ruled on the application of Monsanto for federally regulated pension plans.

1. Buschau continues

As you will recall, the members of the pension plan for Rogers Communications and other associated companies had attempted to have the pension plans terminated and the surplus distributed by use of the common law. However, the Supreme Court rejected that attempt, finding in part that terminations were within the regulatory sphere of the applicable regulator, and thus outside the jurisdiction of the courts.

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