Julius Melnitzer

Lawsuit alleges feds prevented part-time RCMP officers from buying back into pension plan

The National Police Federation, which represents 20,000 Royal Canadian Mounted Police officers, has launched a class action claiming the federal government has wrongfully prevented part-time officers from buying back into their pension plan. In a press release, Brian Sauvé, president and chief executive officer at the NPF, said virtually the entire class of part-time officers […]

  • January 8, 2025 January 7, 2025
  • 09:00

How mergers and acquisitions impact executive compensation

Mergers and acquisitions can give rise to many legal and financial complexities related to executive compensation. “The key thing from acquirers’ point of view is to understand what their objectives are with respect to executive compensation,” says Elizabeth Boyd, a pensions, benefits and executive compensation partner at Blake, Cassels & Graydon LLP. “Decisions must be […]

  • December 19, 2024 December 18, 2024
  • 09:00

What do employers need to know about monitoring employees in remote, hybrid working arrangements?

While Canadian privacy laws allow employers to track employees in a remote or hybrid working arrangement, this surveillance must be related to their job. “Employers have a proper and reasonable right to supervise their employees and ensure they’re doing their jobs and doing them safely,” says David Young, principal at David Young Law. “The flip […]

  • November 7, 2024 November 6, 2024
  • 09:00

Quebec class action raising questions over DB pension liability following plan sponsor reorganization

A recent Quebec Superior Court decision has unleashed uncertainty over the liabilities of companies and their directors when a pension deficit appears in the context of a reorganization. The court authorized a group of defined benefit pension plan members to proceed with a $65 million class action against companies involved in a 2011 reorganization. The […]

  • October 3, 2024 October 4, 2024
  • 09:00

What should employers know about Quebec’s pension legislation?

Businesses that are planning to establish themselves in Quebec by way of expansion or acquisition should be aware of some unique aspects of the province’s pension and benefits laws. Employers are required to make a voluntary retirement savings plan available to their employees. In addition, provincial legislation prohibits ‘orphan’ or ‘grandfathering’ clauses that distinguish pension […]

  • August 2, 2024 August 5, 2024
  • 09:00

Ontario court rules employer not obligated to preserve past service benefits

Ontario’s small claims court has ruled that an employer’s letter, which described the benefits coverage that would exist following a divestment as ‘comparable’ to prior levels of coverage, didn’t create a contractual obligation to preserve past service benefits. “The decision makes a clear distinction between an informational announcement or other general information that is not […]

  • July 15, 2024 July 16, 2024
  • 09:00

More work to be done on feds’ plan to encourage domestic pension investments: lawyers

The federal government’s promise to encourage Canadian institutional investors to invest more domestically is taking shape with two key initiatives found in the 2024 budget. The first involves the creation of a working group led by Stephen Poloz, former Governor of the Bank of Canada, to explore domestic opportunities for Canadian institutional investors in various […]

  • May 23, 2024 May 22, 2024
  • 09:00

Saskatchewan arbitrator sides with Canadian Blood Services in pension contributions case

A Saskatchewan arbitrator has ruled that Canadian Blood Services doesn’t owe an employee eight years of retroactive pension contributions because it took the proper steps to fix its failure to provide her with enrolment forms within the appropriate time limits. “The decision recognizes that mistakes happen in administering pension plans and that administrators can take […]

  • May 16, 2024 May 15, 2024
  • 09:00

Ontario court sides with IBM in pension benefits rectification case

An Ontario Superior Court ruling that allowed IBM Canada Ltd. to retrospectively rectify drafting errors that created unintended additional pension benefits for employees on disability leave augurs well for plan sponsors seeking similar relief going forward. “The case clarifies that there is a specific test for rectification of pension plans and other unilateral instruments, which […]

  • April 24, 2024 April 23, 2024
  • 09:00

Group annuity market growing as DB pension plans move to de-risk

Ford of Canada’s recent transfer of $923 million in pension liabilities to Desjardins Group, RBC Insurance and Sun Life Assurance Co. of Canada augurs well for what has been a rapidly expanding group annuity buyout and buy-in market. “As of 2013, the group annuity market amounted to about $1 billion annually,” says Charbel Assal, senior […]

  • March 21, 2024 April 3, 2024
  • 09:00