Corporate, Commercial and Business Law Firm - McMillan

commercial real estate

competition/antitrust

corporate

debt products

employment and labour relations

intellectual property and technology law

international business and trade law

litigation and dispute resolution

projects

restructuring

tax

other specialized practice areas

advertising and marketing

automotive

aviation

charities & not-for-profit entities

emerging growthco group (egg™)

emissions trading and climate change

energy

environmental

foreign investment review

health

insurance

life sciences

mining

natural resources

outsourcing

pensions & employee compensation

product liability

public policy & government relations

transportation

trusts, estates and succession planning

pensions & employee compensation

Our Pensions & Employee Compensation Group has extensive experience working with plan sponsors and administrators, trustees and custodians, insurance companies and other participants in the pension industry on a wide range of pension, benefits and compensation law issues. Our strong reputation in the pension and employee benefits field is based on our proven knowledge of the industry, our legal expertise in trust, fiduciary, litigation, corporate/commercial, financial services, real estate, tax and securities matters and our commitment to provide value-added, specialized advice to our clients in a timely manner.

We advise on all issues relating to pensions, benefits and compensation, including:

 compliance and regulatory issues relating to plan design, administration and governance;

 advice regarding pension plan wind ups and surplus entitlement;

 tax treatment of pension plans, executive compensation arrangements and other retirement plans;

 pension and benefits considerations in insolvencies, corporate restructurings, and financings;

 the creation of innovative structures for employee compensation arrangements that comply with relevant securities, tax, trust and other legal restrictions; and

 for clients selling or purchasing a business, the development of strategies for dealing with pension and employee benefits plans, and advice on the implementation and risks associated with each strategy.

We also provide expert legal representation before the Ontario courts and the Financial Services Commission of Ontario on such matters as the interpretation of plan documents, the liability of administrators, trustees and other service providers, the ownership of pension plan surplus, and the duties of fiduciaries. We recently represented a pension plan sponsor in the first pension class action lawsuit in Ontario.

Members of our Pensions & Employee Compensation Group are active members of the Ontario Bar Association, Pension and Benefits Section as well as major industry associations, such as the Canadian Pension and Benefits Institute and the Association of Canadian Pension Management.

Publications / Presentations
October 2007
Use of Pension Plan Assets to Fund Expenses and Issues on Introducing a Defined Contribution Component Still in Legal Limbo
Pensions and Employee Compensation Bulletin
Lisa Brost, Karen Shaver, Dilani Y. Wright
October 2007
New Protocol to the Canada-U.S. Tax Treaty: Trans-Border Pension Provisions and New Stock Option Apportionment Rules
Tax Law Bulletin
Andrew Etcovitch, John Israel Galambos, David Wentzell
March 2007
Impact of Budget 2007 on Pension Plans and Retirement Savings Arrangements
Pensions and Employee Compensation Bulletin
Karen Shaver, David Wentzell
October 2006
Re Graphicshoppe: Ontario Court of Appeal Rejects Pension Beneficiaries' Trust Claim in Bankruptcy
Pensions and Employee Compensation Bulletin
Lisa Kerbel Caplan
May 2006
Beyond Boilerplate: An Employer's Guide to Pension and Benefit Service Provider Contracts
McMillan Annual Employment / Pension Law Update, May 17, 2006
David Wentzell
May 2006
Risky Business - Retirees and Their Benefits
McMillan Annual Employment / Pension Law Update, May 17, 2006
Karen Shaver
November 04, 2005
Appeal Court Sets Reasonable Plan Communication Standards
Pensions and Employee Compensation Group Bulletin
David Wentzell
June 2005
Wrestling the Octopus: Managing the Burgeoning Costs of Post-Retirement Benefits
Pensions and Employee Compensation Bulletin
Lisa Brost
October 2004
Tell it All: Ontario Ruling Calls on Pension Administrators to Communicate Proposed Pension Changes to Plans
Pensions and Employee Compensation Bulletin
Lisa Brost, Hilary E. Clarke, David Wentzell
September 2004
MONSANTO: Supreme Court Ruling Presents Another Challenge for Pension Plan Administrators
Pensions and Employee Compensation Bulletin
David Wentzell
March 2004
Grappling With Governance: The CAPSA Pension Plan Governance Guidelines
Pensions and Employee Compensation Bulletin
David Wentzell
January 2004
Pension Law in Canada - An Introduction for US Clients
Pensions and Employee Compensation Group
Hilary E. Clarke, David Wentzell
January 2004
Pension Plan Communications - Recognizing and Managing the Risk
Pensions and Employee Compensation Advisory, Co-written with Gina Rogakos
Hilary E. Clarke
November 20, 2003
Fiduciary Update - It's All About Trust
Conference- The Canadian Institute: "Pension Governance - With a Special Focus on the Effect of Pension Shortfalls on Pension Governance" - Four Seasons Hotel, Toronto
Hilary E. Clarke
January 2003
Employee Incentive Programs: Taking Stock of Your Options
Pensions and Employee Compensation Bulletin
Todd A. Miller
Tax Group
February 24, 2005
Something for Everyone: Federal Government Maintains Balancing Act with 2005 Budget
Tax Bulletin
Michael Friedman, David Wentzell


Partners:
Hilary E. Clarke
David Elenbaas
Darryl R. Hiscocks
Todd A. Miller
Karen Shaver
Cindy Wan
David Wentzell
Associates:
Lisa Brost
Lisa Kerbel Caplan



David Elenbaas
416.865.7232

David Wentzell
416.865.7036


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