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Navigating Through Pension Obligations of Professionals in an Insolvency: Concerns for Monitors, Receivers, Trustees in Bankruptcy, Offices and Directors
Author(s): North, Alexandra
Date: February 15 2011

Canada does not require that a corporation establish registered pension plans for its employees. However, if a corporation decides to do so, and the corporation subsequently becomes insolvent, a number of potential liabilities arise under Canadian insolvency and pension legislation.

In this article, Alex MacFarlane and Alexandra North discuss the following items:

  • Regulatory Framework
  • Directors and Officers
  • Directors' and Officers’ liability for under funded pension plans
  • Recent Legislative Amendments to the BIA and CCAA
  • Interim Receivers, Receivers, Trustees and Monitors and Successor Employer Liabilities
  • Monitors Exposure to Potential Successor Employer Liabilities
  • Amendments to the BIA and the CCAA
  • Obligations of Trustees, Interim Receivers and Receivers under the BIA in respect of Certain Pension Plan Contributions

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