Our 11 member Pension and Benefits group advises and represents employers on all legal issues relating to their pension and benefits plans. At every stage, our comprehensive leg­al analysis is undertaken in the context of our clients' broader business goals, so pension and benefits solutions are coupled with practical business advice.

• Representation: We represent employers in a variety of foru­ms w­hen a ­pension-related dispute arises. This can involve representation in the courts, in arbitrations and before pension regulators on issue­s relating to their plans. ­
• Solutions: In an area as complex as pension and benefits, innovative solutions to business, tax, and legal issues are often required. We help employers s­olve them in a variety of ways, including plan changes and restructurings, individual settlements with employees, arbitration hearings, court proceedings and tribunal hearings.
• Prevention: We advise employers on effective legal and tax options when setting aside money for their plans, the designs that are legally permissible and the duties they have when administering their plans. We also provide advice on all employment-related tax issues and seek advance tax rulings and technical interpretations from the Canada Revenue Agency on behalf of our clients.

The Hicks Morley advantage

The Hicks Morley Pension and Benefits group has exceptional depth, with all 11 lawyers devoting 100% of their practice to this area of law. In addition, we integrate this expertise with access to unparalleled litigation, labour relations and negotiation resources within our firm.

With a majority of our group having consulting firm experience, we are adept at partnering with actuarial service providers to provide the full range of legal services, including plan documentation, opinions, and negotiated or litigated solutions.

With this depth and breadth of experience, we are creative in our problem-solving and proactive in our approach. Our annual conference in November is just one of the ways we keep our clients informed of the latest developments in the pension and benefits area.

Notables

• Litigation and negotiation: ­We successfully negotiated a settlement in one of the largest retiree benefits class action lawsuits in Canada – involving more than 50,000 former government employees (Kranjcec v. Ontario). We frequently represent our clients on pension matters at the Financial Services Tribunal, at arbitration, and in the courts.
• Innovation: We created and implemented a unique stand-alone Registered Retirement Income Fund (RRIF) for the University of Western Ontario pension plan – the first RR­IF of its kind in Canada. In the wake of the recent global market downturn, we are working with clients on implementing alternative plan designs, such as jointly sponsored pension plans.
• Restructuring and transactions: We were lead pension counsel on some of the most significant restructurings under the federal Companies’ Creditors Arrangement Act (CCAA) in Canada, including Stelco and Fraser Papers, and also act on many corporate transactions.