David Stamp

David is recognized as an expert litigator specializing in pension and benefits litigation and employment litigation, as well as general commercial litigation. He represents major pension funds and corporations in various pensions litigation matters, and has acted for the successful party in a number of well known pension and benefits cases at various levels of court including the Ontario Court of Appeal and the Federal Court of Appeal. This practice also includes a substantial administrative law component, both advising and appearing before statutory tribunals. David is a frequent presenter on pension class action and other pension litigation issues. He also has extensive experience acting for employers defending wrongful dismissal and other employment-related litigation, and many years of corporate and commercial litigation experience.


Representative Work

  • OPTrust in McHayle v. CEO of Financial Services Regulatory Authority [2022], an Ontario Superior Court of Justice (Divisional Court) appeal addressing permissible pension plan amendments under the Pension Benefits Act (Ontario) and other issues, which upheld a decision of the Financial Services Tribunal.
  • Ontario Teachers Pension Plan in Monteiro v. CEO of Financial Services Regulatory Authority [2021], a decision of the Financial Services Tribunal (Ontario) addressing burden of proof for establishing entitlement to benefits under a pension plan and other issues.
  • General Motors of Canada Limited in General Motors of Canada Limited v. Abrams [2011], a class action concerning changes to post-retirement health care benefits and the creation of a health care trust. Also represented General Motors in a court application that obtained approval for a plan to distribute surplus funds under a group life insurance program [2009]
  • Towers Watson (formerly Watson Wyatt) in a court application which permitted rectification of pension plan language for the first reported time in Canada: Kraft Canada Inc. v. Pitsadiotis [2009].  Also representing Towers Watson in its defence of professional negligence claims in Morneau Shepell Ltd. v. Towers Watson [2013]
  • Marine Atlantic Inc. in a successful appeal to the Federal Court of Appeal which held that the federal pension legislation does not require distribution of surplus upon a partial plan termination notwithstanding the Monsanto decision: Cousins v. Marine Atlantic Inc. [2008]
  • OMERS in its successful appeal at the Ontario Court of Appeal addressing the disclosure obligations of employers and pension plan administrators when changes are under consideration: Hembruff v. OMERS Board [2005].  Also acted for OMERS in two cases before the Ontario Court of Appeal relating to entitlements to pension surplus arising in ongoing pension funds; Police Retirees of Ontario Inc. v. OMERS, [2000] and Toronto (Metropolitan) Police Services Board v. OMERS, [1998]
  • Counsel in a number of cases where negligence has been alleged against pension plan actuaries and/or consulting firms; in some cases defending, in other cases counsel for plaintiff
  • Canadian Broadcasting Corporation defending a class action commenced on behalf of pensioners relating to an alleged commitment by the company to share surplus funds with pensioners on an ongoing basis [2009]
  •  Sybron Canada in its successful application to the Ontario Superior Court of Justice for a declaration of its ownership of surplus under the pension instruments: Sybron Canada Limited [2008]
  • Representing numerous clients defending wrongful dismissal actions and other employer related litigation

Latest Insights

  • Webinar May 9, 2023

    Osler’s Annual Pensions & Benefits Seminar – Managing IT & Cybersecurity Risk

    Join Osler’s Pension & Benefits Group virtually or in-person for our annual discussion on hot topics and recent developments facing Canadian...

    Read more
    Osler’s Annual Pensions & Benefits Seminar – Managing IT & Cybersecurity Risk
  • Osler Update Nov 26, 2020

    Understanding Fraser v. Canada Impacts and Risks for Pension Administrators and Employers Across Canada (Webinar)

    The recent Supreme Court of Canada ruling in Fraser v Canada will have wide and reverberating implications across Canada for years to come.

    Read more
  • Webinar Nov 26, 2020

    Understanding Fraser v Canada. Impacts and Risks for Pension Administrators and Employers Across Canada

    The recent Supreme Court of Canada ruling in Fraser v Canada that the design of the RCMP pension plan discriminated against women who were enrolled...

    Read more
  • Blog Apr 24, 2017

    Ontario court finds representative proceeding to be time-barred despite being commenced within the limitation period

    In Caetano v Quality Meat Packers, 2017 ONSC 1199, Justice Belobaba of the Ontario Superior Court recently had opportunity to consider whether two...

    Read more

Awards and Recognition

  • The Canadian Legal Lexpert Directory: Recognized in Pensions & Employee Benefits – Employer
  • Best Lawyers in Canada: Recognized in Employee Benefits Law

Media Mentions

  • Media Mentions Apr 30, 2024

    Ontario court sides with IBM in pension benefits rectification case – Benefits Canada

    In representing IBM Canada, David Stamp helped clarify Ontario’s test for rectification of a unilateral instrument (like a pension plan). He spoke...

    Read more
    Ontario court sides with IBM in pension benefits rectification case – Benefits Canada

Speaking and Writing

Speaking Engagements

speaker 09/5/2023
Osler’s Annual Pensions & Benefits Seminar – Managing IT & Cybersecurity Risk
Read more
speaker 26/11/2020
Understanding Fraser v Canada. Impacts and Risks for Pension Administrators and Employers Across Canada
Read more
speaker 10/6/2018
CBA/ABA/IPEBLA Global Pension and Employee Benefits Lawyers Conference
Read more

Published Work

  • Correcting Errors, OBAAdvance Strategic Planning:  Proving Pension & Benefits Advice, February 2015 (Presenter).
  • Document Retention and Disclosure, International Pension and Employee Benefits Lawyers Association May 2013 conference (Workshop moderator).
  • Non-compete / non-solicit covenants: Ontario Court of Appeal provides guidance on requirements for enforceability (2012).
  • Avoiding Litigation Pitfalls in Pension Plan Administration, Canadian Bar Association/International Pension & Employee Benefit Lawyers Association Conference, June 2010 (Presenter).
  • Rectification of Pension Plans: Ontario Court Tackles Unique Challenge,Corporate Litigation, Vol. IX, No. 4.
  • How to Avoid Ending Up in Court, Canadian Pension and Benefits Institute Ontario Regional Conference, October 2009 (Moderator).

Credentials

Education

  • University of Toronto, LL.B.
  • University of Western Ontario, B.A.

Languages

  • English

Professional Affiliations

  • Ontario Bar Association, Civil Litigation and Pension & Benefits Sections
  • The Advocates’ Society
  • Canadian Bar Association
  • Toronto Lawyers Association