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Susan G. Seller

Pension and Employee Benefits Lawyer at Bennett Jones Toronto

Partner 

<p>Susan Seller wrote in <em><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></em> on the<span style="color: #0d0d0d; background-color: #ffffff;"> 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.</span></p>

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

<p><span>Bill C-228, <em>An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985</em> received Royal Assent on April 27, 2023 and is now law, subject to a four-year transitional period before its provisions come into effect.</span></p>
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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 <em><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></em> 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 <em><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></em> 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

Kees de Ridder

Intellectual Property Lawyer, Patent Agent and Trademark Agent at Bennett Jones Calgary

Associate, Patent Agent, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

The Supreme Court of Canada will hear Pharmascience Inc v Janssen Inc on October 9, 2025, a case that could reshape the scope of patentable subject matter in Canada. At issue is whether a dosing regimen for a pharmaceutical product constitutes an unpatentable method of medical treatment or a valid invention under the Patent Act. The Federal Court and Federal Court of Appeal upheld the patent&rsquo;s validity, but Pharmascience has challenged this position. With several industry groups granted intervenor status, the case is expected to have significant implications not only for the pharmaceutical industry but also for broader questions of what qualifies as an &ldquo;invention,&rdquo; including computer-implemented and AI-related technologies.

Supreme Court to Assess Subject Matter Eligibility in Canadian

Supreme Court to Assess Subject Matter Eligibility in Canadian Patent Law: Implications Beyond the Pharmaceutical Context

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

James G. Morand

Tax Lawyer at Bennett Jones Toronto

This edition of the PE Briefing examines private equity developments in the third quarter of 2025, including trends in Canadian and global deal activity, the continued growth and complexity of private credit, Ontario&rsquo;s advantages as a jurisdiction for non-US flow-through vehicles, and practical considerations in the drafting of earnouts.

The Q3 2025 PE Briefing

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Aly Parth

Articling Student at Bennett Jones in Calgary 

Articling Student 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector<br />

The 9th Annual Pension Law, Litigation and Governance Conference

From the Same Authors