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  • Article

    Clarifying Depreciation And Amortization (At The Margins…)

    The IASB recently issued Clarification of Acceptable Methods of Depreciation and Amortization.
    CanadaAccounting and Audit
    MNP LLP
    MNP LLP
  • Article

    Surplus Distribution on the Partial Wind-Up of a Pension Plan:

    On July 29, 2004 the Supreme Court of Canada released its long-awaited decision in the matter of Monsanto Canada Inc. v. Superintendent of Financial Services. This decision has major funding implications for companies with defined benefit pension plans.
    CanadaStrategy
    Goodmans LLP
    Goodmans LLP
  • Article

    CAPSA Consultation Paper On The Prudence Standard In Pension Plan Funding And Investment

    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.
    CanadaTax
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Holiday Gift From Supreme Court Of Canada To Public Sector Pension Plan Members - A Lump Of Coal. Members Not Entitled To Pension Surplus

    In a recent case, the Supreme Court of Canada, was asked to examine whether plan members had an equitable interest in the defined benefit surpluses in three federal government pension plans.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Tell It All: Ontario Ruling Calls On Pension Administrators To Communicate Proposed Pension Changes To Plans

    Following a recent Ontario Superior Court decision, pension administrators contemplating modifications to their plans may be obligated to inform plan members of such possible changes before they are implemented.
    CanadaStrategy
    McMillan LLP
    McMillan LLP
  • Article

    Grappling With Governance: The CAPSA Pension Plan Governance Guidelines

    Today it seems wherever you turn you find governance as a topical issue. A few short years ago, governance was a subject confined to the discussions of academics and theorists. Today, the headlines are crowded with stories based on governance, or more correctly, the failure of governance systems. The Enron spectacle and the avalanche of corporate scandals that followed have guaranteed that governance is not merely a "flavour of the month" fascination, destined to become a footnote in t
    CanadaStrategy
    McMillan LLP
    McMillan LLP
  • Article

    CSA Publish Guidelines on Retirement Benefits Disclosure

    The Canadian Securities Administrators staff have issued Staff Notice 51 – 314 <I>Retirement Benefits Disclosure</I> providing guidelines for disclosure of retirement benefits. The Staff Notice indicates that a number of issuers are presently considering providing enhanced disclosure on retirement benefits payable to executives, which goes beyond that which is required under current securities law requirements.
    CanadaTax
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Limitations Act, 2002

    On January 1, 2004, the <I>Limitations Act, 2002</I> came into force in Ontario. This statute governs the limitation periods applicable to claims governed by the law of Ontario. The new statute makes significant changes to limitation periods generally. These changes will have a significant impact on claims related to pension matters.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Sports Injury And Economic Loss

    Sports Injury And Economic Loss
    CanadaAccounting and Audit
    Crowe Soberman LLP
    Crowe Soberman LLP
  • Article

    Electronic Communications And Pensions—Driving With Care On The Information Highway

    Legislation, industry guidelines and common law considerations must be weighed if plan administrators and sponsors want to take advantage of Web-based communications with beneficiaries.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    MONSANTO: Supreme Court Ruling Presents Another Challenge for Pension Plan Administrators

    On July 29, 2004, the Supreme Court of Canada released its decision in <I>Monsanto Canada Inc. v. Ontario (Superintendent of Financial Service)</I>. The decision creates an obligation for employers who have partially wound-up their defined benefit pension plans to distribute a proportional share of actuarial surplus in the plan as at the partial wind up date. This represents a significant shift in the timing of surplus distribution in Canada. Before the Monsanto case, no court&nbs
    CanadaStrategy
    McMillan LLP
    McMillan LLP
  • Article

    Pension Plan Expenses – Recent Developments

    As most employers will know, administering a pension plan can be a costly undertaking. Costs arise as a result of many activities undertaken in connection with the operation of a pension plan, such as in respect of actuarial, trustee, auditor, legal and investment management services.</P> <P>Recently, the treatment of pension plan and pension fund administrative costs has been the subject of controversy between plan members and plan administrators. This article will beg
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Case Law And Regulatory Update -Pensions & Benefits

    In recent months, there have been numerous rulings, regulatory actions and ongoing proceedings of great interest to pension plans in the courts and before the Financial Services Tribunal. There have also been some discussion and consultation papers of note.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Foreign Stock Option Plans and Québec Health Services Fund Contributions

    Generally, the LRAMQ provides that every employer shall pay to the Minister of Revenue of Québec a contribution to the Québec health services fund based on a percentage of the total wages that the employer pays or is deemed to pay to its employees who report for work at the employer’s establishment in the province of Québec. The percentage payable varies according to the amount of the total wages, from a minimum of 2.7% to a maximum of 4.26%
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Plan Mergers After The ING Case

    In 2000, National Steel Car Limited (NSC) filed an application pursuant to section 81 of the <I>Pension Benefits Act</I> (Ontario) (the PBA) to transfer the assets of its pension plan for salaried employees (the Salaried Plan) to its pension plan for hourly-paid employees (the Hourly Plan). The Salaried Plan had a substantial surplus while the Hourly Plan had an unfunded liability. Following the transfer, the merged plan would still have a surplus and no solvency deficiency.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Allocating Risks & Responsibilities for Pension Plan Sponsors and Their Service Providers

    One consequence of the ever-increasing volume of litigation in the pension area is a clear trend towards more formal documentation of plan sponsor and service provider relationships and, within that documentation, an increasing focus on limitation of liability.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Pension Fund Deficits — The Next Big Thing

    Volatile stock markets, corporate accounting scandals and a depressed US economy are among the factors that have had a significant negative effect on pension plan funding. In fact, according to a recent study by three Canadian consulting firms, that may be an understatement
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Recent Québec Pension Cases With Potential Cross-Canada Impact

    As in its politics and culture, Québec is a "distinct society" when it comes to the administration of pension plans. Its <I>Supplemental Pension Plans Act</I>(SPPA) includes many requirements that do not exist in other jurisdictions. That said, the basic principles for administering pension plans are quite similar to those in the rest of Canada and, therefore, some recent Québec cases could have cross-country impact.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Class Actions & Retiree Benefits — New Risks?

    Canadian employers have, for decades, used substantial employment benefits packages to attract and retain employees. These benefits packages often include a variety of post-employment benefits for retirees (including life insurance, prescription drug, supplementary health and dental benefits). For employers, one attractive feature of these retiree benefits is their low up-front costs
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Settling Class Actions - Some Strategic Issues For Pension Plan Sponsors And Administrators

    Since the late 1990s, there has been a significant increase in the number of "class actions" in respect of pension and benefit plans. This trend is attributable to the nature of many pension and benefit claims, increasing sophistication of plan members and their counsel with respect to the claims that may be raised with respect to plans and the possibility of significant financial rewards for successful plaintiffs and their lawyers.
    CanadaStrategy
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP

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