Originally published in Blakes Bulletin on Pension &
Employee Benefits, March 2009
On March 5, 2009, the Supreme Court of Canada denied the
application for leave to appeal filed by the former employees of
Marine Atlantic Inc. Accordingly, the Federal Court of Appeal
decision in Cousins et al. v. Attorney General of Canada and Marine
Atlantic Inc., which accepted the employer's arguments that the
federal Pension Benefits Standards Act reflects a different
legislative scheme from that in Ontario and that no surplus
distribution on partial termination of a federally regulated plan
is required, is final.
For a complete discussion of the Federal Court of Appeal
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