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Susan G. Seller

Pension and Employee Benefits Lawyer at Bennett Jones Toronto

Partner 

Susan Seller wrote in <a rel="noopener noreferrer" href="https://www.benefitscanada.com/expertpanel_/susan-g-seller/expert-panel-risk-management-target-benefit-framework-among-themes-shaping-pension-industry-in-2024/" target="_blank">Benefits Canada</a> on the anticipated developments in pension law and governance for the upcoming year. The article highlights the focus on risk management, particularly regarding environmental, social and governance factors, cybersecurity, and investment risks. There's also attention on improving governance for defined contribution pension plans, including better communication, member engagement and investment education. She discusses the need for more robust governance and funding policies, handling missing members' entitlements, reporting cybersecurity incidents and the adoption of target-benefit frameworks to address the decline in defined benefit plan coverage.

Risk Management Target Benefit Framework Among Themes Shaping Pension Industry in 2024

Risk Management, Target-Benefit Framework Among Themes Shaping Pension Industry in 2024

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Michael S. Shakra

Corporate Lawyer at Bennett Jones Toronto

Partner

Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal Assent on April 27, 2023 and is now law, subject to a four-year transitional period before its provisions come into effect.
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New Pension Priorities in Bankruptcy and Insolvency are Closer to Reality

New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

Susan Seller writes in <a rel="noopener noreferrer" href="https://www.benefitscanada.com/pensions/governance-law/expert-panel-air-canada-decision-illustrates-danger-of-relying-on-pension-plan-terms-in-wrongful-dismissal-actions/" target="_blank">Benefits Canada</a> on the potential issues caused by exclusive dependence on the terms of pension plans during wrongful dismissal proceedings. Susan outlines a recent court decision involving Air Canada—in which an employee who was dismissed after 37 years of service claimed that his pension benefits were improperly calculated—and reviews the importance of language in pension plan text as well as risk mitigation strategies that companies can adopt to prepare them to avoid and counter these kinds of claims.

Expert Panel Air Canada Decision Illustrates Danger of Relying on Pension Plan Terms

Expert Panel: Air Canada Decision Illustrates Danger of Relying on Pension Plan Terms in Wrongful Dismissal Actions

Susan Seller writes in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.benefitscanada.com/expertpanel_/susan-g-seller/expert-panel-an-update-on-regulatory-oversight-of-pension-risk-management/?utm_source=EmailMarketing&utm_medium=email&utm_content=benefitscanada.com&utm_campaign=Benefits-Canada-Daily-Newsletters&oft_id=114899907&oft_k=VeaHvWcr&oft_lk=EsTp3E&oft_d=638066216812900000&fpid=455439&m32_fp_id=x8bVfO&ctx=newsletter&m32_fp_ctx=DI_MASTER_Relational" target="_blank">Benefits Canada</a> on the newly developed CAPSA committee aimed at developing risk management guidelines for pension plans. Susan explores how the feedback garnered from the Office of the Superintendent of Financial Institutions could influence the findings and initiatives brought up by this new committee.

An Update on Regulatory Oversight of Pension Risk Management

Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

David Cassin

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Associate

Two recent Ontario Superior Court decisions&mdash;Li v Wayfair Canada Inc. and Jones v Strides Toronto&mdash;clarify that the phrase &ldquo;at any time&rdquo; in a termination clause does not automatically invalidate an employment agreement under the ESA. While both cases distinguish earlier restrictive rulings, ongoing inconsistencies, including the Chan decision, highlight the need for appellate guidance. Employers should continue to review contracts carefully to ensure ESA compliance.

Termination At Any Time A Review of Recent Developments

Termination “At Any Time”? A Review of Recent Developments from Li v Wayfair Canada Inc. and Jones v Strides Toronto

Mykala Way

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in 100 Bloor Street West Corporation v. Barry&rsquo;s Bootcamp Canada Inc. underscores the risks of vague realty tax provisions in commercial leases. The case highlights how inconsistent or ambiguous calculation methods can expose both landlords and tenants to costly litigation. Clear, consistent, and fair drafting of tax allocation clauses is essential to avoid disputes and ensure predictable outcomes.

One Method Many Taxes Lease Interpretation and Realty Tax

One Method, Many Taxes: Lease Interpretation and Realty Tax Allocation in 100 Bloor Street West v. Barry’s Bootcamp

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

When Assumptions Break Leases The Need for Clear Terms

When Assumptions Break Leases: The Need for Clear Terms

Vasilis F. L. Pappas, FCIArb

International Arbitration Lawyer at Bennett Jones Vancouver and Calgary

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

On October 7, 2025, British Columbia introduced Bill 20, the Construction Prompt Payment Act. If enacted, it will overhaul payment timelines and create a fast-track adjudication process for construction disputes. The legislation is expected to significantly impact owners, contractors and subcontractors across the province.

BC Introduces Prompt Payment Legislation

B.C. Introduces Prompt Payment Legislation

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

Nyrie Israelian

Intellectual Property at Bennett Jones Toronto

The Office of the Superintendent of Bankruptcy has issued new guidance on the use of AI tools by Licensed Insolvency Trustees. The guidance underscores the need for oversight, accuracy, transparency, and adherence to professional obligations as AI becomes more integrated into insolvency practice.

OSB Issues New Guidance

OSB Issues New Guidance: What Licensed Insolvency Trustees Must Know about AI Tools 

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