Pensions & Benefits

We address pension and benefit plan structure, funding, conversions, investment, governance, freezes and wind-ups for all types of registered and non-registered plans. We draft and review all plan documents, including the funding and governance policies that are becoming mandatory. As stakeholder communications gain importance, we work with clients to structure effective messaging, ensure regulatory compliance and reduce the risk of litigation down the road.

We are well-known for our expertise in pension and benefits litigation. Fasken represented the first employer in Canada to succeed in a pension dispute before the Supreme Court of Canada. We have particular expertise in dealing with pension priority issues in insolvency proceedings.

We regularly address pensions and benefits issues in the context of M&A transactions, bank loans and restructurings.

We advise on incentive plans for executives and broader employee groups. As well as drafting new plans, we adapt plans of foreign parent companies to the Canadian tax and securities law regimes.

Our clients include employers of all types, plan administrators, financial institutions, governments, actuarial and benefits consultants and pension regulators.