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ISBN: 9781552213391

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Pension Law, 2/e

The second edition brings pension law up to date with consideration of recent cases such as Re Indalex, in which the Supreme Court of Canada examined how to allocate the risks of an employer’s insolvency among its creditors. This edition tracks the shift of the law of trusts within pension jurisprudence from “classic” trusts to “modern” trusts; the reform of minimum pension standards; new plan design legislation being offered to respond to decreasing pension plan coverage among the Canadian workforce; the development of target benefit plans; and innovative plan designs such as New Brunswick’s new “shared risk” plan model.

The book will be an invaluable resource for anyone who needs to understand this complex legal and regulatory environment including lawyers, human resources officers, plan administrators and trustees, actuaries, accountants, public servants, and union officials.

Contributors

Ari Kaplan

Ari Kaplan, BA (Hons) (McGill), LLB, LLM (Osgoode), was the sole author of the first edition of Pension Law, which won the 2007 Walter Owen Book Prize for outstanding new contribution to Canadian legal literature. The text has been cited as an authority by courts, tribunals, and law commissions, including the Supreme Court of Canada. He is an adjunct professor of law at the University of Toronto, and a past associate professor of law at the University of Western Ontario. Ari is top-ranked among his peers in Chambers Global and Lexpert, and has been named “Lawyer of the Year” for Employee Benefits Law, Toronto, by Best Lawyers in Canada. Ari is a partner at Koskie Minsky LLP in Toronto, where he has been counsel on some of Canada’s leading cases, including Kerry and Monsanto before the Supreme Court of Canada. In 2010, Ari was the Attorney General’s appointee as trustee on the Law Foundation of Ontario. In his spare time, Ari is a partner at Paper Bag Records (paperbagrecords.com), a leading North American independent music label. He tweets as @arimap.

Mitch Frazer

Mitch Frazer is a partner and the chair of the Pensions and Employment Practice at Torys LLP. His practice focuses on all aspects of pensions, benefits, employment, and executive compensation. He is an adjunct professor at the University of Toronto Faculty of Law and a former adjunct professor at Osgoode Hall Law School of York University. He is the author of A Practical Guide to Private Pension Plans in Canada (2012), publishes and speaks regularly on pension, benefits, employment, and executive compensation issues, and has been interviewed on television, on radio, and in print. Mitch is chair of the International Pension and Employee Benefits Lawyers Association. He is also a former chair of the Canadian Bar Association Pension and Benefits Section, the Ontario Bar Association Pension and Benefits Section, and the Association of Canadian Pension Management's National Policy Committee and National Conference Committee. He has been recognized by Chambers Global, Lexpert, Best Lawyers in Canada, and Which Lawyer as a leading practitioner in pension and benefits law. Mitch is also an advocate for educational causes. He is a member of Ryerson University’s Board of Governors and a member of the Toronto French School Board of Directors, and a former member of the Board of Trustees of the Ontario Science Centre.

Chapter Title Abstract Contributors Pages Year Price

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Introduces the legal nature of the pension by providing an overview and describing the relevant sources of law. ; 35 $3.50

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Describes some key events in the history and evolution of pension law and regulation in Canada, with a significant focus on the Ontario regulatory regime. ; 45 $4.50

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Discusses the reach of pension legislation, focusing on sponsorship, application, registration and statutory floor. The Ontario Pension Benefits Act (PBA) and the federal Pension Benefits … ; 45 $4.50

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Outlines the corporate and organizational structure of the Ontario pension regulator, the division of responsibilities among its various components, the scope of its jurisdiction to address … ; 68 $6.80

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Discusses the principal minimum pension standards that aim to ensure that an employee who participates in a pension plan will have a pension available at the conclusion of his or her working … ; 110 $11.00

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Describes the identity and functions of the pension plan administrator and the legal principles affecting the duties and standards of care owed by the administrator and its agents to employees … ; 73 $7.30

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Discusses the rules concerning contributions to an ongoing pension plan and the actuarial valuations and reports that must be prepared and filed at periodic and other prescribed intervals and … ; 56 $5.60

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Explores the delicate balance between employer and employee rights when a pension plan undergoes any changes such as company reorganization or divestment and contractual considerations. ; 63 $6.30

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Discusses the causes of termination, the process of winding up, who is responsible for implementing the wind up, and the manner by which the recipients of the distribution may receive their benefits. ; 52 $5.20

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Focuses on the policy considerations, legislative requirements, and judicial principles relating to the distribution and ownership of pension surplus. ; 57 $5.70