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CBA Pensions and Benefits Law Section

CBA Pensions and Benefits Law Section articles are published under the banner For Your Benefit. Members interested in posting articles are encouraged to send them to the Section at:


Legal developments – Ontario

  • February 25, 2019
  • Tom Stevenson and Christophe Cinqmars Viau

Three key pieces of legislation were passed in the past 12 months, each of which made certain amendments to the Ontario Pension Benefits Act

Pension and Benefits Law

Terminating benefits at age 65 is unconstitutional, says rights tribunal

  • February 04, 2019
  • Terra Klinck and Nicolas Guadagnolo

A 2018 interim decision of the Human Rights Tribunal of Ontario in Talos v Grand Erie District School Board saw the tribunal refuse to enforce the exception in the Human Rights Code that permits employers to terminate benefit coverage for active employees at age 65 on the basis that the provision offended the equality guarantee under the Charter.

Pension and Benefits Law

FSCO issues administrative monetary penalties guideline

  • January 07, 2019
  • Tracy Solhi and Andrew Zur

On November 13, 2018, the Financial Services Commission of Ontario issued a guideline that summarizes legislative provisions respecting administrative monetary penalties under the Pension Benefits Act and outlines the process that is to be followed for the imposition of AMPs. It also outlines how a person subject to a proposed AMP may dispute it, and how AMPs are to be paid.

Pension and Benefits Law

National pharmacare discussion paper released

  • November 23, 2018
  • Andrew Zur

On June 20, 2018, the Advisory Council on the Implementation of National Pharmacare released a discussion paper on options for a national pharmacare model.

Pension and Benefits Law

A cautionary tale: Litigation investigator appointed in Sears matter

  • August 14, 2018
  • JJ Burnell and Richard Bars

On March 2, 2018, Justice Hainey of the Ontario Superior Court of Justice granted an order appointing Lax O’Sullivan Lisus Gottlieb LLP as litigation investigator in the Sears Canada CCAA proceedings, for the purpose of investigating rights and claims that Sears Canada entities and/or any creditors of the Sears Canada entities may have against any parties.

Pension and Benefits Law

Legal developments – Ontario

  • March 21, 2018
  • Tom Stevenson

On Jan. 1, 2017, the All Families are Equal Act came into force. The Act amends the definition of spouse under the Ontario Pension Benefits Act to reference the rules of parentage under the Children’s Law Reform Act.

Pension and Benefits Law