Post-Indalex: Managing the impact on pension plan priorities going forward

October 7, 2013 1:30pm


James H. Grout
Thornton Grout Finnigan LLP


Jana Steele
Partner Pensions and Benefits
Osler, Hoskin & Harcourt LLP

Bethune Whiston
Morneau Shepell

The insolvency community heaved a collective sigh of relief when the Supreme Court restored the priority of DIP lenders over pensioners in the Indalex decision. For all the answers that the decision delivered, however, it has presented many new questions, particularly with regards to its impact on the proper administration of pension plans. Hear the perspective from expert pension practitioners who will provide you with all the information you need to manage the impact of the decision moving forward.

  • Options and strategies for pension plan administrators to address the conflict between corporate interests and fiduciary duties
  • What are the legal and practical limitations in appointing a third-party administrator?
  • How is the decision affecting the ability of companies to obtain credit financing?
  • Examining the scope of PBA deemed trust: Can we expect to see more bankruptcies to reverse the priorities? If so, what are viable options?
  • How provincial courts have been applying the ruling and anticipated future trends