The Court recently upheld the judgement of the Court of Appeal for Ontario in Nolan v. Kerry (Canada) Inc., 2009 SCC 39. The case involved the treatment of surplus in a pension plan. A usually obscure area of labour and administrative law, pension plans and pensions generally were weekly news during 2008 and 2009, and [...]

The Ontario Court of Appeal’s unanimous decision in Kerry (Canada) v. DCA Employees Pension Committee, 2007 ONCA 416, was welcome news for Canadian employers everywhere. Nevertheless, in light of the SCC’s decision to hear an appeal of the case, Canadian employers held their breath in preparation for possible changes to come. Many theorists had ruminated [...]