Pension Law & Litigation - Federated Press

Course Leader
Ross Gascho,
Fasken
Martineau
DuMoulin LLP
9 th
Workshop Included: Fiduciary Duties
Course Leader
Elizabeth
Brown,
Hicks Morley
Hamilton
Stewart Storie
LLP
Two-Day Event!
Lorraine Allard,
McCarthy
Tétrault LLP
participating organizations
Bennett Jones LLP
Blake, Cassels & Graydon LLP
Cavalluzzo Shilton McIntyre & Cornish LLP
Dentons Canada LLP
Fasken Martineau DuMoulin LLP
Fogler Rubinoff LLP
Hicks Morley Hamilton Stewart Storie LLP
McCarthy Tétrault LLP
Sack Goldblatt Mitchell LLP
Torys LLP
course highlights
• Get the latest on current regulatory and legislative issues
• How to avoid being outclassed in pension class actions
• Developing an effective pension risk management approach
• Avoiding litigation over pension shortfalls
• Avoiding liability as a plan sponsor or trustee
who should attend
Applicable toward CPD Requirement
Amanda
Darrach,
Cavalluzzo
Shilton McIntyre
& Cornish LLP
Mitch Frazer,
Torys LLP
Priscilla H.
Healy,
Fogler
Rubinoff LLP
Caroline L.
Helbronner,
Blake,
Cassels &
Graydon LLP
June 11 & 12, 2013, Toronto
Pension Law &
Litigation
Protecting the organization in an era of increased pension liabilities, shortfalls and litigation
“10/10!”
“Great presentations.”
“Better appreciation of the
need to establish & follow
process.”
“Broadened my knowledge
on pensions.”
Mary M. Picard,
Dentons
Canada LLP
“Very good. Content
excellent..”
Susan G. Seller,
Bennett Jones
LLP
Louis Sokolov,
Sack Goldblatt
Mitchell LLP
“I now have more ideas on
how to improve governance
of my own plan.”
Pension Plan Administrators, Committee Members, Trustees; Senior HR, Pension & Benefi ts and Risk Management Professionals;
In-House Counsel; Actuaries; Financial Offi cers; Lawyers; Pension Consultants

FACULTY
COURSE LEADERS
ROSS GASCHO
Ross Gascho is a Partner in the pension
and employee benefi ts law group of Fasken
Martineau DuMoulin LLP in Toronto. He
has 18 years of experience advising employers
on design, implementation, governance
and administration of retirement and
group benefi t programs.
ELIZABETH BROWN
Elizabeth Brown is a Partner at Hicks
Morley Hamilton Stewart Storie LLP and a
member of the fi rm’s Executive Committee
responsible for Client Growth and Development.
She is also the head of the fi rm’s
Pension and Benefi ts practice group.
CO-LECTURERS
LORRAINE ALLARD
Lorraine Allard is a Partner at McCarthy
Tétrault LLP. Her practice is focused primarily
on pension plans, providing advice to
employers on the taxation and regulation of
pension plans.
COURSE PROGRAM
PENSION LEGISLATION & REGULATION: WHAT YOU NEED
TO KNOW
In a rapidly changing regulatory environment it is important for
new trustees and pension committee members to have a thorough
understanding of the current regulatory landscape as it affects legal
requirements for pension plans and administrators. This session will
explore the legislative and regulatory environment in which pension
plans operate.
• Role of federal and provincial Pension Benefi ts Acts
• Role of the Income Tax Act
• Role of federal and provincial pension regulators
• National regulatory initiatives and the role of CAPSA
• CAPSA guidelines as they relate to plan trustees or pension
committee members
SUPPLEMENTARY COURSE MATERIAL
Federated Press is now providing delegates with access to an innovative
new database containing at least 25 interactive multimedia presentations
by leading experts including approximately 20 hours of lectures
on the topics covered by this course, including all slides and speakers’
papers. See the list of presentations on page 4.
AMANDA DARRACH
Amanda Darrach is a Partner at Cavalluzzo
Shilton McIntyre & Cornish LLP. Her practice
includes governance, pensions and benefi ts,
administrative law, and civil litigation.
MITCH FRAZER
Mitch Frazer is a Partner and the Chair of the
Pensions and Employment Practice at Torys
LLP. His practice focuses on all aspects of
pensions, benefi ts, employment and executive
compensation.
PRISCILLA H. HEALY
Patricia Healy practises as a consultant in the
pension and benefi ts area with Fogler Rubinoff,
LLP. Her practice includes all aspects
of pension and retirement law.
CAROLINE L. HELBRONNER
Caroline L. Helbronner is a Partner at Blake
Cassels & Graydon LLP. Her practice involves
primarily pension, benefi t and compensation
issues, as well as related investment
arrangements and tax matters.
PENSION PLAN RISK MANAGEMENT
MARY M. PICARD
Mary Picard heads the pensions group at
Dentons Canada LLP. She has extensive
experience with diffi cult pension issues in
restructurings, and on the purchase and sales
of businesses.
SUSAN G. SELLER
Susan G. Seller a Partner at Bennett Jones
LLP. She heads the fi rm’s national pension
and benefi ts practice and adviseson issues
relating to plan governance, administration &
compliance, investment and fi duciary duties.
LOUIS SOKOLOV
Louis Sokolov is the head of Sack Goldblatt
Mitchell LLP’s class action and civil litigation
groups. He handles a variety of civil disputes
with an emphasis on class actions, professional
negligence and employment law.
How does an organization determine the amount of risk to undertake
in its pension plan? The key to success is determining which danger
areas merit attention from the plan sponsor and then taking appropriate
action to mitigate these risks. This session will focus on actions sponsors
can take today to manage pension plan risks.
• Identifying the risks that you need to manage
• Financial and design risks
• Creating an effective and responsive risk management system
• Instituting a risk review process that identifi es issues before they
become problems
• Determining the best investment strategy to manage pension funding
risk
Audio/video segments clickable slide by slide
Papers and overheads also included
Print any of the material for your own use
• This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by
the Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.
• For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual
Continuing Professional Development Plan as required by the Law Society of Alberta.
• Attendance at this course can be reported as 10 hours of Continuing Professional Development (CPD) to the Law Society of B.C.
• The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by
another Law Society which has adopted MCLE for its members

COURSE PROGRAM
PROTECTING THE ORGANIZATION THROUGH PENSION
COMMUNICATIONS
Proper, effective and well managed pension communications has
become a vital tool in protecting an organization and its managers,
directors and stakeholders. This presentation will explore the many
facets of pension communications and its relationship to organizational
protection.
• The many roles of pension communications
• Pension communications and plan governance
• Plan member communications in the 21st century: meeting the
challenges
• Managing the risk of negligent misrepresentation or
miscommunication
• Case law, legislation and regulatory developments pertaining to
pension communications
DC PLAN ISSUES
Under DC plans, employers must be vigilant with regards to governance
issues such as providing employees with proper investment
options, negotiating & communicating reasonable fees, monitoring
service-provider communications, and offering appropriate investor
education. This session will examine the heightened governance
requirements of DC pension plans.
• Understanding DC plan risks and potential liabilities
• Advising plan members on investment decisions
• DC plan fees and expenses disclosure
• Improving plan design to address investor behaviour
IDENTIFYING AND ADDRESSING PENSION LEGAL RISKS
IN M&AS AND RESTRUCTURINGS
Pension issues are becoming an important consideration when
negotiating financing, restructuring or selling a business, or filing for
creditor protection. This discussion details how to address and manage
pension legal risks in transactions.
• Taking account of defined benefit pension plans and the
implications of deficits
• Importance of early and thorough due diligence
• Vendor and purchaser options for pension plans in sales of
business
• Responsibility of the plan sponsor and administrator in CCAA
LIABILITY & THE TRUSTEE
Trustees who breach their duties may be found to be personally liable
for any loss experienced as a result of their actions. As well, they
may incur criminal penalties if they act improperly or fraudulently, and
civil penalties for contravening statutory requirements. This discussion
details the legal pitfalls of acting as a trustee, including the main
sources of liability and how to avoid them.
• Liability: what happens when there is a breach of trust?
• Protection from personal liability
• How common law impacts the day-to-day role of trustees and plan
sponsors
• Legal requirements for trustee learning
ASSESSING AND MANAGING CONFLICTS OF INTEREST
From plan sponsors to administrators, from actuaries to consultants,
potential conflicts abound around pension management, particularly in
light of proposed changes in liability for underfunding. This discussion
details how to avoid potential conflicts of interest among all players.
• Impact of a pension deficit on collective bargaining strategies
• Using pension deficits to contain demands for benefit increases
• Managing conflicts of interest in pension investment advisors
• Developing a procedure for assessing conflicts of interest
PENSION MISREPRESENTATION CLAIMS
Pension misrepresentation claims against companies and actuarial
firms are on the rise. Rare in Canadian law until recently, the full exposure
posed by such claims remains unknown. Any company with a
pension plan, however, may be sitting on an unknown and enormous
time-bomb of litigation and liability.
• Where pension misrepresentation claims most frequently arise
• Addressing pension misrepresentation risks
• Risks in providing employees with the option of switching from DB
plan to a DC plan
• Insights drawn from recent cases: Dawson, Teck Metals, and others
AVOIDING BEING OUTCLASSED IN PENSION CLASS
ACTIONS
Although most pension cases arise on the winding up of a plan, upon
a sale of assets or upon insolvency, cases are now being brought
in respect of ongoing plans where large numbers of individuals are
adversely affected, making it a perfect condition for a class action. This
session will look at best practices for avoiding and managing pension
class actions.
• Suitability of class actions as a means of litigating and resolving
pension claims
• Types of claims against plan sponsors and administrators
• Defence and plaintiff strategies in class actions
• Actuarial and technical evidence on certification motions
• Actions against third parties
WORKSHOP
FIDUCIARY DUTIES
Trustees are answerable to every member for the proper administration
of the plan. As trustees, they must act independently of their employer
or union appointors for the benefit of the plan members. As corporate
or union officers, they must act in the interests of their appointors. So,
to whom do they owe their duties in making decisions? This workshop
will examine the key issue of sorting the fiduciary duties of the trustees
from their duties in other capacities.
• Acting in the best interests of the plan beneficiaries: a definition
• Duty of evenhandedness in a pension trustee context
• Resolving all the duties: statutory, the trust agreement and equity
• Communicating to members their rights and entitlements

MULTIMEDIA
Your registration includes an interactive multimedia CD-ROM comprising the following presentations from recent Federated Press courses and conferences.
They are presented in their entirety with complete audio and accompanying slides.
For an additional $175 to the registration fee, you can receive the multimedia proceedings of the course on CD-ROM, containing all presentations given at event.
If not registered for the event, the cost of this CD-ROM, which also includes the presentations described below, is $599.
Assessing and Managing Conflicts of Interest
Randy Bauslaugh
McCarthy Tétrault LLP
Fiduciary Duties
David Blair
Victory Square Law Office, LLP
Pension Plan Risk Management
Marc Williams
Towers Watson
Liability and the Trustee
Craig A.B. Ferris
Lawson Lundell LLP
Pension Legislation & Regulation:
What you Need to Know
Michael Peters
Financial Institutions Commission of B.C.
DC Plan Issues
Rosalind Gilbert
Aon Hewitt
Pension Reform
Gerry Wahl
Financial Executive Institute
Identifying and Addressing Pension Legal
Risks in M&As and Restructurings
Sean Maxwell
Blake, Cassels & Graydon LLP
Avoiding Being Outclassed in Pension Class
Actions
Jason Murray
Klein Lyons
Legal Risks Associated with Auto-Enrollment
Randy Bauslaugh
McCarthy Tétrault LLP
Pension Fund Litigation: Minimizing Your
Exposure
Kathryn M. Bush
Blake, Cassels & Graydon LLP
Employment Law implications in
Communicating Changes to Compensation,
Pension or Benefit Programs
Mark Newton
Heenan Blaikie LLP
Effective Accountability for Pension Management
Brian Leck
Toronto Transit Commission Pension Fund Society /
Insurance Company Limited
Liability Benchmarks: A Window into Pension
Risk
Andrew Tan
RBC Dexia Investor Services
Pension Risk Management: Liability-Driven
Investing
Brendan George
AON Consulting Inc.
Hedging Pension Liability Risk
Drew Carrington
UBS Global Asset Management
Pension Plan Investment Risk in a Liability-Led
Investment Strategy
Valter Viola
Holland Park Risk Management Inc.
Registration: To reserve your place, call Federated Press toll-free at 1-800-363-0722.
In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the
registration form. Places are limited. Your reservation will be confirmed before the course.
Location: Novotel Toronto Centre Hotel, 45 The Esplanade, Toronto, ON, M5E 1W2
Conditions: Registration covers attendance for one person, the supplementary course material
as described in this document, lunch on both days, morning coffee on both days and
refreshments during all breaks. The proceedings of the course will be captured on audio or
video. Multimedia proceedings with all slides and handouts can be purchased separately on a
CD-ROM which will also include the course material.
Time: This course is a two-day event. Registration begins at 8:00 a.m. The morning sessions
start promptly at 9:00. The second day ends at 4:00 p.m.
TO REGISTER FOR PENSION LAW & LITIGATION
Name
Title Department
Approving Manager Name
Approving Manager Title
Organization
Address
City Province Postal Code
Telephone Fax e-mail
Please bill my credit card: AMEX VISA Mastercard
# Expiration date:
Signature :
Payment enclosed: Please invoice. PO Number:
WHEN CALLING, PLEASE MENTION PRIORITY CODE:
9PLL1306/E
MAIL COMPLETED FORM WITH PAYMENT TO:
Federated Press P.O. Box 4005, Station “A”
Toronto, Ontario M5W 2Z8
Managing Pension Plan Risks
Pirjo Davitt
Office of the Superintendent of Financial Institutions
Canada (OSFI)
Managing Pension Asset in a Risk Control
Framework
Emmanuel Matte
Standard Life Investments
Pension Plan Risks: Lessons Learned from the
Financial Crisis
Perry Teperson
Leith Wheeler Investment Counsel Ltd.
Regulatory Risk in Today’s Pension Investment
Environment
Richard E. Johnston
Fasken Martineau DuMoulin LLP
Initiating an Active Approach to Portfolio
De-Risking
Emmanuel Matte
Standard Life Investments
Role of the Trustee in Setting Investment Policy
Joe Connolly
Morneau Sobeco
Understanding & Managing Liability Risk /
Liability-Driven Investing
Emmanuel Matte
Standard Life Investments
Newest Trends in Pension Litigation and Class
Actions
Susan Philpott
Koskie Minsky LLP
Cancellation: Please note that non-attendance at the course does not entitle the registrant
to a refund. In the event that a registrant becomes unable to attend following the deadline for
cancellation, a substitute attendee may be delegated. Please notify Federated Press of any
changes as soon as possible. Federated Press assumes no liability for changes in program content
or speakers. A full refund of the attendance fee will be provided upon cancellation in writing
received prior to May 28, 2013. No refunds will be issued after this date.
Discounts: Federated Press has special team discounts. Groups of 3 or more from the same
organization receive 15%. For larger groups please call.
Payment must be received prior to June 4, 2013
Phone: 1-800-363-0722 Toronto: (416) 665-6868 Fax: (416) 665-7733
/
REGISTRATION COSTS
NUMBER OF PARTICIPANTS:
COURSE: $1975
COURSE + PROCEEDINGS CD-ROM:
$1975 + $175 = $ 2150
PROCEEDINGS CD-ROM: $599
NOTE: Please add 13% HST to all prices.
Proceedings CD-ROM will be available 30 days
after the course takes place
Enclose your cheque payable to
Federated Press in the amount of:
GST Reg. # R101755163
PBN#101755163PG0001
For additional delegates please duplicate this form
and follow the normal registration process