Labor & Employment Law

Another Pension Case Headed for the Supreme Court

By Michael Fitzgibbon

The Supreme Court of Canada has granted leave to appeal in the Elaine Nolan, George Phillips, Elisabeth Ruccia, Paul Carter, R.A. Varney and Bill Fitz, being members of the DCA Employees Pension Committee representing certain of the members and former members of the Pension Plan for the Employees of Kerry (Canada) Inc. v. Kerry (Canada) Inc., Superintendent of Financial Services where the issues dealt with were:

1. When is it acceptable for pension plan expenses to be paid from the pension fund? 
2. After a plan conversion, is it permissible to use surplus assets in the defined benefit part of the pension plan to pay current service costs in respect of the defined contribution part of the plan?
3. What constitutes proper notice of an adverse amendment? 
4. When and how are the courts entitled to interfere with a costs order of the Financial Services Tribunal? 
5. Does that Tribunal have the power to order costs payable from a pension fund?

Full post as published by Thoughts from a Management Lawyer on February 10, 2008 (boomark / email).