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Supreme Court grants leave to appeal in closely watched pension law case

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January 31, 2008


On January 31, 2008, the Supreme Court of Canada granted the DCA Employees Pension Committee leave to appeal from the Ontario Court of Appeal's unanimous decision in Kerry (Canada) Inc. v. DCA Employees Pension Committee (2007), 86 O.R. (3d) 1, 282 D.L.R. (4th) 227. Costs of the leave application were awarded to the employees in any event of the cause. The appeal is not yet scheduled, but will most likely be heard in late autumn 2008.

The case has been closely watched over the course of several tribunal and court decisions by both the pension bar and the pension & benefits industry.

Fasken Martineau represents the respondent Kerry, with a team comprised of Ronald Walker and Christine Tabbert (litigation), Scott Rollwagen (research) and Peggy McCallum (pensions & benefits).