The evolution of governance — The Canadian Institute’s Pension & Benefits Legal Review

Plan administrators, as fiduciaries, need to be cognizant of the increased legislative and regulatory focus on pension governance over the past 10 to...

Estimating franchise start-up costs: A shared responsibility

In a recent decision, the Superior Court of Québec reiterated that the franchisor has an obligation to inform a prospective franchisee of start-up...

Québec Court of Appeal finds aspects of the proposed co-operative capital markets model unconstitutional

The Québec Court of Appeal has concluded that while the governance framework for the co-operative capital markets regulatory regime is...

Ontario court stick handles around “excessively over-pleaded” class action

A class action will not be certified unless it is a fair, efficient and manageable way to resolve proposed common issues. That principle was recently...

PPSA debtor notices: The notice may not be in the mail

The effect of the amendment is to allow the debtor to waive the requirement in the PPSA for a secured party to provide a copy of a verification...

Court rejects U.S. pension claim in Canadian CCAA proceeding

In a precedent-setting decision, Justice Fitzpatrick of the British Columbia Supreme Court held that a U.S. multi-employer pension plan’s claim...

IIROC’s 2016 enforcement report: Increased activity against individuals

The Investment Industry Regulatory Organization of Canada (“IIROC”) recently published its 2016 Enforcement Report (the...

CHAMPIX claims settled for $273 million in U.S., discontinued without costs in Canada

Notwithstanding a large settlement of similar litigation in the United States, the Ontario class proceeding Parker v. Pfizer Canada Inc. was...

Looking ahead: Climate change as a board issue

Climate change is an important area of board oversight, encompassing potential long-term physical impacts on operations, risks and opportunities, as...

Ontario budget 2017: Changes for DC plans and possible relief for plan administrators who cannot locate plan members

In the Ontario budget released on April 27, 2017, the government indicated that it will be taking steps to address the regulatory framework related...