Can a pension plan regulated under the PBSA be terminated in common law?

Ontario, Canada


The following excerpt is from Lacroix v. Canada Mortgage and Housing Corporation, 2012 ONCA 243 (CanLII):

The appellants rely heavily on the minority reasons of Bastarache J. in Buschau. As I said, in that case, the court unanimously held that the members of a pension plan regulated under the PBSA could not invoke the common law rule in Saunders v. Vautier [See Note 12 below] to terminate the plan.

Other Questions


Can the common law rule in Saunders v. Vautier be employed to terminate the pension trust? (Ontario, Canada)
Is a member of a pension plan entitled to distribution of surplus funds from a partial termination of the pension plan? (Ontario, Canada)
What is the best interest of pension plan members to receive their pro rata share of a partial wind-up on partial termination of an employee pension plan? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
What is the common law common law authorizes a search incident to a lawful arrest? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
Can a plaintiff recover the entire loss from a company pension plan if the company pension is not indemnified as a result of the accident? (Ontario, Canada)
What is the test for the use of a motion of common law common law for unjust enrichment? (Ontario, Canada)
Does the Retirement Pension Fund Trust Rule from Saunders v. Vautier apply to an employee pension plan? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.