Pensions and Employment Litigation

Our pensions and employment litigation team is one of our great strengths. Our litigators are recognized for their expertise in representing employers in all aspects of pensions and employment issues and are skilled in negotiating disputes and resolving matters through the use of arbitration and mediation.

Our litigators appear before Canadian and U.S. courts and tribunals at all levels, including the Supreme Court of Canada, Canadian and U.S. federal trial and appellate courts, the Federal Court and Federal Court of Appeal, the Court of Appeal for Ontario, the Divisional Court and the Superior Court of Justice in pension-related cases. Our litigators are also skilled in negotiating workplace disputes and resolving matters through the use of arbitration and mediation.

Our lawyers have expertise in:

    • a broad range of pension disputes, including disputes related to plan administration and plan windup
    • wrongful dismissal claims
    • claims involving the validity and enforcement of restrictive covenants, including non-competition and non-solicitation agreements
    • claims arising from corporate transactions, including closures and acquisitions
    • human rights claims, including relating to discrimination and harassment
    • employment standards, practices and policies
    • severance packages and executive departures
    • employee misconduct and fraud
    • workplace investigations, disability and privacy issues

Our lawyers have represented:

    • CIBC and CIBC World Markets in resisting certification of a proposed class action involving a claim for unpaid overtime compensation
    • the federal government on the judicial review of a C$5 billion pay equity award made against it by the Canadian Human Rights Commission
    • Sun Life Assurance Company in the successful defence of two test cases arising from a proposed class action concerning long term disability benefits
    • numerous Canadian corporations in wrongful dismissal and workplace disputes, harassment and other internal investigations, human rights applications and workplace safety appeals brought by current and former employees
    • an Ontario employer in a high-profile investigation into wrongdoing by its Chief Executive Officer
    • numerous Canadian corporations in negotiating the terms of executive departures, including on change-in-control
    • a Canadian investment dealer in wrongful dismissal litigation involving the issue of ownership of the “book of business”
    • a major manufacturing company in obtaining the dismissal of litigation involving discrimination on the basis of sex and disability
    • Canadian investment dealers in competitive recruiting and departing advisor disputes

Torys exceeds all our expectations.
Chambers Global