CPBI London Chapter's Spring Update

In recent years there have been an increasing number of human rights claims alleging discrimination in pension and benefit plan design or administration. With the end of mandatory retirement, the first wave of human rights claims focussed on age discrimination, as many plans applied differently, such as not providing benefits after age 65, to members age 65 and older. More recently, there have been a significant number of cases alleging discrimination on the basis of family status, gender, marital status and more. This presentation will review the nature of human rights claims that have been commenced relating to pension and benefit plans and provide helpful tips for minimizing plan sponsors and administrator’s liability.
Speaker: Sean Sells
Sean Sells is an associate at Hicks Morley. Sean Sells advises a wide variety of public and private sector clients on a range of labour and employment matters in both unionized and non-unionized settings. Sean has particular expertise in employment litigation, injunction proceedings and administrative law and judicial review proceedings, including human rights matters involving pension plan issues. He regularly advises clients with respect to the enforcement of restrictive covenants and wrongful competition by former employees and business owners. Sean has appeared as counsel in all levels of courts in Ontario.

As the defined contribution plan population approaches retirement in larger numbers, consideration needs to be given to de-accumulating assets. Unlike defined benefit pension plans, defined contribution plans typically do not provide a fixed stream of payments upon retirement. This session will highlight legal considerations for employers who sponsor defined contribution plans regarding de-accumulation issues for former members, including consideration of statutory and common law guidance with respect to different de-accumulation options.
Speaker: Elizabeth Brown
Elizabeth Brown, a Partner in the law firm Hicks Morley and member of the firm’s Executive Committee responsible for Client Growth and Development, is the head of the firm's Pension, Benefits and Executive Compensation practice group. Elizabeth provides ongoing advice to provincially and federally regulated plan sponsors and administrators regarding defined benefit and defined contribution pension plans, savings and profit sharing plans, including advising on plan amendments and compliance matters, review of member disclosure materials, governance and administration advice; advice to employers on executive compensation arrangements, including deferred share unit plans, stock option plans, and short and long term incentive plans. Elizabeth represents employers in pension and benefits disputes before the Financial Services Tribunal and in the Canadian courts. She has recently been pension counsel representing employers involved in large insolvencies with significant pension matters.

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