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Pensions and Benefits


We cover pensions and benefits from just about every angle.
Assets and liabilities, employers and trustees, agreements and disputes: our expertise covers the full gamut of pension and benefits regulatory, governance, litigation, insolvency, investment and transactional matters, for clients in all major markets.
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Overview

The legal landscape for Canadian pension and benefits plans continues to evolve rapidly. Our team provides insight into more than just the numbers. Our history of groundbreaking pension litigation informs our analysis. We represented national and multinational companies and develop innovative strategies that prove to be cost-effective.

We address pension and benefit plan structure, funding, conversions, investment, governance, freezes and wind-ups for all types of registered and non-registered plans. We draft and review all plan documents, including the funding and governance policies that are becoming mandatory. As stakeholder communications gain importance, we work with clients to structure effective messaging, ensure regulatory compliance and reduce the risk of litigation down the road.

We are well-known for our expertise in pension and benefits litigation. Fasken represented the first employer in Canada to succeed in a pension dispute before the Supreme Court of Canada. We have particular expertise in dealing with pension priority issues in insolvency proceedings.

We regularly address pensions and benefits issues in the context of M&A transactions, bank loans and restructurings.

We advise on incentive plans for executives and broader employee groups. As well as drafting new plans, we adapt plans of foreign parent companies to the Canadian tax and securities law regimes.

Our clients include employers of all types, plan administrators, financial institutions, governments, actuarial and benefits consultants and pension regulators.

Sign up for our periodic “Pensions and Benefits Newsletter” and seminars, or contact any of our lawyers to learn more.

Achievements

  • Recognized in South Africa in Employee Benefits Law, Best Lawyers 2021 to 2026
  • Ranked nationwide in Pensions & Benefits, Chambers Canada 2018 to 2026
  • Ranked nationwide in Pensions , The Legal 500 Canada 2018 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Pensions and Employee Benefits, Canadian Legal Lexpert Directory 2020 to 2026
  • Recognized in Employee Benefits Law, The Best Lawyers in Canada 2020 to 2025
  • Recognized in Labour, Employment & Benefits: Recommended, Lexology Index 2022 to 2024
  • Ranked nationwide in Canada in Pensions and Benefits, Chambers Global 2018

Team

Primary Contacts
  • Ross A. Gascho, Counsel | Pensions and Benefits, Toronto, ON, +1 416 865 5447, [email protected]
  • Michael Wolpert, Partner | Leader, Pensions and Benefits, Calgary, AB | Toronto, ON | Vancouver, BC, +1 403 261 8490, [email protected]
  • Dominique Monet, Partner | Labour, Employment & Human Rights, Ottawa, ON | Montréal, QC, +1 514 397 7425, [email protected]
  • Stéphane Fillion, Partner | Labour, Employment & Human Rights, Montréal, QC, +1 514 397 4309, [email protected]
  • Nigel Carman, Counsel | Pensions and Benefits, Johannesburg, +27 11 586 6017, [email protected]
Ross Gascho Toronto Lawyer Ross A. Gascho Counsel | Pensions and Benefits Toronto, ON +1 416 865 5447
Michael Wolpert, Partner | Leader, Pensions and Benefits Michael Wolpert Partner | Leader, Pensions and Benefits Calgary, AB Toronto, ON Vancouver, BC +1 403 261 8490
+1 416 865 5411
Dominique Monet Associé/Partner Montréal Dominique Monet Partner | Labour, Employment & Human Rights Ottawa, ON Montréal, QC +1 514 397 7425
+1 613 236 3882
Stéphane Fillion Associé/Partner Montréal Stéphane Fillion Partner | Labour, Employment & Human Rights Montréal, QC +1 514 397 4309
Nigel Carman, Counsel | Pensions and Benefits Nigel Carman Counsel | Pensions and Benefits Johannesburg +27 11 586 6017

Experience

  • Compass Minerals International Inc. closes sale of Compass Minerals Wynyard Inc. to Saskatchewan Mining and Minerals Inc., [Deal - Compass Minerals International Inc.], Fasken advised Compass Minerals International Inc. in its sale of Compass Minerals Wynyard Inc. which operates a sulphate of potash production facility in Wynyard, Saskatchewan, to Saskatchewan Mining and Minerals Inc.
  • SCI Capital Partners and Reddy Ice acquire Arctic Glacier, [Deal - SCI Capital Partners and Reddy Ice], Investment advisory firm and ice products manufacturer acquire Canadian ice products provider
  • United Rentals of Canada, Inc. completes the acquisition of Direct Equipment, [Deal - United Rentals, Inc.], North American equipment rental company completes acquisition of Canadian distributor
  • Alphi Capital acquires RedBlue HeatPumps & Refrigeration Inc., [Deal - Alphi Capital], Alphi Capital Expands Portfolio with Strategic HVAC Acquisition in British Columbia
  • Hoya Vision Care completes acquisition of Centennial Optical Limited, [Deal - Hoya Lens Canada Inc.], A global vision care company acquired a Canadian distributor of ophthalmic frames, lenses, and optical accessories.
  • Student Transportation of Canada Inc., through its wholly-owned subsidiaries, Pacific Western Transportation Ltd. and Diversified Transportation Ltd., completes sale of motorcoach and transit divisions, [Deal - Student Transportation of Canada Inc.], Student Transportation of Canada Inc. completes sale of motorcoach and transit divisions.
  • BURNCO completes acquisition of Hammerstone Infrastructure Materials from Brookfield, [Deal - BURNCO Rock Products Ltd.], Leading aggregate construction materials company acquires premier provider of high-quality limestone aggregates from Brookfield.
  • Beringer Capital closes strategic investment in Northern Commerce, [Deal - Beringer Capital], Beringer Capital Completes Strategic Investment in Northern Commerce, Marking First Investment from its Fund V.
  • Building Controls & Solutions completes add-on investment through the acquisition of Yorkland Controls Limited, [Deal - Building Controls & Solutions and LKCM Headwater Investments], Private investment firm completes add-on investment for its portfolio company.

Knowledge

  • 2026 ESG Disclosure Study, 3/3/2026
  • 2025 ESG Disclosure Study, 2/24/2025
  • Federal Minister of Health Issues Letter About Canada Health Act, 1/17/2025
  • A Pension Plan Deficit Can Put Your Corporate Reorganization Under the Spotlight, 8/22/2024
  • 2024 ESG Disclosure Study, 1/9/2024
  • Can a member’s pension fund be attached to pay for future or arrear maintenance?, 12/6/2023
  • Retirement, Inflation, and the Charter of Rights, 11/8/2023
  • New, Complex Rules for Public Sector Gifts, Hospitality, and Entertainment Coming July 1st, 6/14/2023
  • 2023 ESG Disclosure Study, 1/9/2023
  • Bill C-228: Death Knell for Private Sector Defined Benefit Pension Plans?, 12/13/2022

Events

  • Pensions and Benefits Look Forward and Look Back, 6/16/2026
  • A LOOK ACROSS THE BORDER: Similarities and differences between U.S. and Canadian law with respect to key issues in M&A transactions, 9/3/2025
  • Pension and Benefits Look Forward and Look Back, 2/5/2025
  • Pension and Benefits Year in Review, 12/13/2023
  • Workplace accommodation: Where do we draw the line?, 6/14/2023
  • Enhanced Protection for Pensions in Insolvency, 6/7/2023
  • Alternative Retirement Plans for the Health Sector, 9/15/2022
  • Hot Topics and Managing Risks in Pension Litigation, 1/25/2018
  • Pensions and Benefits: Key Issues and Strategies, 10/18/2017
  • Pensions and Benefits: Key Issues and Strategies, 9/12/2017

News

  • Fasken Benchmark ESG Survey Sheds Light on Key Trends For Corporate Decision-Makers, 1/9/2023
  • Seventeen Fasken Lawyers Recognized in the 2022 Edition of Best Lawyers in South Africa, 11/11/2021
  • Fasken Wins “Workers' Compensation Law Firm of the Year” and “Mining Law Firm of the Year” in the 2022 Best Lawyers in Canada Guide, 8/26/2021
  • Fasken Partner Appointed to the South African Ombud Council Board, 5/25/2021
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • DailyMaverick.co.za quotes Rosemary Hunter in an article on Eskom’s debt, 12/9/2020
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • 2020 Chambers Canada Guide Recognizes 108 Fasken Lawyers, 9/19/2019
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • Fasken Promotes Experienced Pensions Consultant to Partner, 2/11/2019

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