He has appeared in numerous proceedings before the Ontario Superior Court of Justice, Ontario Court of Appeal, Financial Services Commission of Ontario, WSIB Appeals Branch, Workplace Safety and Insurance Appeals Tribunal, Canada
Pension Plan Appeals Review Tribunal and the Pension Appeals Board.
Not exact matches
His advice while the
appeals process shakes out: «Churches should continue to designate housing allowances for ministerial employees for 2014, and church
pension plans should continue to designate housing allowances for retired ministers.»
The thought of a stable salary and defined benefit
pension plan may be
appealing to some, but others, like you — and me — prefer a little more control over destiny.
A
pension can be
appealing to people who want to be able to
plan on a guaranteed amount of income each month after they retire.
In Turner v. Andrews, the Court of
Appeal upheld the dismissal of an application for prospective costs brought by approximately 189 members out of some 14,000 to 15,000 employees against the trustees of their
pension plan.
Won an NLRB trial before an administrative law judge and a resulting NLRB
appeal where the union alleged that our energy industry client had improperly terminated its employee
pension plan after acquiring the assets of a Massachusetts utility (341 NLRB No. 142)
Hatnay noted in Indalex, the
appeal court considered the questions of whether the company had breached its fiduciary duty and whether there was a deemed trust in a situation where it had essentially abandoned its
pension plan.
It's no surprise, then, that there's been so much discussion around the Ontario Court of
Appeal's decision in Re: Indalex Ltd., a case Hatnay was involved in and spoke about during a session on disputes over underfunded
pension plans.
The Court also unanimously agreed with the Ontario Court of
Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the
pension plans, and on Indalex's breach of that duty.
Last May, the Quebec Court of
Appeal agreed with Langlois» client Yellow Pages Digital & Media Solutions Ltd. that certain changes it had made to its
pension and benefits
plan did not contravene Quebec's Charter of Human Rights and Freedoms or s. 87.1 of the Labour Standards Act regarding differences in treatment.
He has appeared before the Superior Court of Justice, the Licence
Appeal Tribunal, first chaired an arbitration hearing at the Financial Services Commission of Ontario, and successfully
appealed Canada
Pension Plan Disability denials before the Social Security Tribunal.
Linda has successfully represented her clients in trials, private arbitrations, arbitrations at the Financial Services Commission of Ontario, hearings before the Canada
Pension Plan Review Tribunal and hearings before the Workplace Safety & Insurance
Appeals Tribunal.
The Court's jurisdiction includes the hearing of
appeals from assessments under the Income Tax Act, the Excise Tax Act (Goods and Services Tax «GST»), the Employment Insurance Act and the Canada
Pension Plan, among others.
Recently, the B.C. Court of
Appeal found that 65 year old Stuart Johnson had accepted mandatory retirement as a term of his employment by voluntarily joining his company's
pension plan and continuing to work for years with knowledge that the mandatory retirement policy applied to him.
The Court of
Appeal's decision, released together with Lin v. Ontario Teachers»
Pension Plan, 2016 ONCA 619 (CanLII), about which I blogged in my post Employees Not «Actively Employed» Still Entitled to Bonus Payments: ONCA, was a major blow to employers and a major win for employees.
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Appeal Independent Legal Advice International Divorce Paternity Restraining Orders Separation / Divorce Uncontested Divorce Variation Orders Labour and Employment Law Alternative Dispute Resolution Arbitration — Interests and Rights Employment Contracts Employment Equity Employment Insurance (EI) Employment Standards Human Rights / Discrimination Individual Employee Representations Management Representation Occupational Health and Safety
Pensions Professional Discipline Hearings Sexual Harassment / Discrimination Sports Law Union Certification / Decertification Unionized Personnel Work Permits / Visas Wrongful Dismissal WSIB / WCB / WSB Real Estate Law Condominium Contract Independent Legal Advice Mortgage Agreements Residential Real Estate Rural Real Estate
Brian has appeared before the Ontario Court of
Appeal, Ontario Superior Court of Justice, Federal Court, Financial Services Commission of Ontario, and Canada
Pension Plan Review Tribunal where he has won various cases for his clients.
In a recent decision, Tsareff v. ManWeb Services, Inc., the Seventh Circuit Court of
Appeals again held that an asset purchaser may be liable for the asset seller's ERISA multiemployer
pension plan withdrawal liability,...
Ashley has experience in all areas of Personal Injury Litigation as well as Long Term Disability and Canadian
Pension Plan Disability
Appeals.
Frank has successfully represented his clients before the Ontario Superior Court of Justice, Ontario Court of
Appeal, Financial Service Commission of Ontario and Canada
Pension Plan Review Tribunal.
The United Steelworkers union and a group of former executives of aluminum processor Indalex Ltd. had
appealed the case to the Ontario
appeal court as they were left with underfunded defined - benefit
pension plans when the company went into Companies» Creditors Arrangement Act proceedings.
The Court of
Appeal found that under the PBSA, the Appellant's survivorship interest in the
pension plan vested in July 2002 when Mr. Tarr irrevocably elected a joint
pension with her as the beneficiary of the survivorship interest and commenced receipt of his
pension.
Counsel to a human resources consulting firm in litigation regarding actuarial services provided to a
pension plan, appearing in the Superior Court of Justice and the Ontario Court of
Appeal, as well as defending quasi-criminal charges in Provincial Court.