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Pensions

"Directors and Officers Liability in the Employment Context"

Jurisdiction: - Ontario

Lawyer George Waggott and student Mariam Al-Shikarchy, both at Lang Michener in Toronto, have written a paper on "Directors and Officers Liability in the Employment Context" (February 2010). The paper addresses the following topics:  read more »

BC Government seeking public input on ways to strengthen pension system, expand pension coverage

Jurisdiction: - British Columbia

The BC Government is seeking public input, through an online pension consultation paper, on ways to strenghten the pension system and expand pension coverage for the majority of workers currently without occupational pension plans.

Today's news release notes that, "At present, three in four private-sector workers are not covered by an employer-sponsored pension plan. Research indicates that many private sector workers who do not have access to employer-sponsored pension plans, or who do not have sufficient personal savings will not have adequate retirement income in the future".

For information on how to participate in the consultation process, visit this site. The final date for submissions is April 1, 2010.

Towers Watson releases "Government Benefits Update 2010" for Canada

Towers Watson (formerly Watson Wyatt), which offers a variety of professional services inclduing in relation to employee benefits, has released its "Government Benefits Update 2010". It is an annual publication that provides a very useful overview of key government benefits in Canada. The specific benefits covered are:  read more »

"The Wrongful Dismissal Manual"

Fraser Milner Casgrain LLP has published "The Wrongful Dismissal Manual" (October 2009), which is "designed to provide employers with guidance on the general statutoryand common law principles applicable whenever an employee's employment is terminated in Canada's four main business jurisdictions: British Columbia, Alberta, Ontario and Quebec."

Maximum pensionable earnings under Canada Pension Plan will be $47,200 for 2010

The maximum pensionable earnings for 2010 under the Canada Pension Plan (CPP) will be $47,200—up from $46,300 in 2009, the Canada Revenue Agency announced today. You can read the media release here.

"CCAA: The Ultimate Restructure"

Jurisdiction: - Canada/Federal

Ontario labour and employment lawyer Janice B. Payne has written a paper entitled "CCAA: The Ultimate Restructure" (September 21, 2009). The first part of the paper provides an overview of the Companies' Creditors Arrangement Act ("CCAA").

The second part of the paper focuses on employment issues under the CCAA and specifically addresses:  read more »

BC Court of Appeal addresses how lump-sum pension payments should be calculated over notice period

Jurisdiction: - British Columbia
Sector: - Manufacturing

In the wrongful dismissal case of Lewis v. Lehigh Northwest Cement Limited, 2009 BCCA 424, the BC Court of Appeal addressed the manner in which special allowances, discretionary increases in salary and pension benefits should be treated over the notice period. It also discussed the duty the mitigate and the awarding of costs.

Background

The appellant employee had been employed by Lehigh Northwest Cement Limited ("Lehigh") for 26 years.  He was the manager of computer systems. He was dismissed without cause in 2006 following a 28 month medical leave of absence because there was no position for him to return to.  He was 58 years of age.  Lehigh offered him a severance package equal to 15 months salary, which he declined.

At trial, he was awarded 22 months notice, which equalled about $200,000, and about 30% of his costs (see  Lewis v. Lehigh Northwest Cement Limited, 2008 BCSC 542).  read more »

"Director and Officer Liability in Insolvent Circumstances"

Vancouver lawyer Aaron B. Singer has written a paper on, "Director and Officer Liability in Insolvent Circumstances".

The paper addresses, "the potential liabilities of directors and officers, examine director and officer liability insurance, and discuss possible ways that directors can limit their potential personal liability during insolvency." Of particular note, it reviews the applicable employment law statutes and pension and employment insurance law statutes.