J. David Vincent

Biography

David Vincent's corporate and commercial practice emphasizes all aspects of pension and benefits matters, including ongoing pension plan administration, compliance and investment issues, pension plan wind-up, partial wind-up, surplus withdrawal and insolvency issues, matters relating to the Ontario Pension Benefits Guarantee Fund, contribution holidays and pension plan conversions, as well as supplementary pension arrangements, non-pension and post-retirement benefit issues.

Mr. Vincent has experience with insolvent pension plans and pension plans of insolvent companies. He advises pension funds on private equity and other alternative investments. Mr. Vincent also uses his corporate law background to advise on pension and benefits matters in the context of mergers, acquisitions, divestitures and other reorganizations.

Mr. Vincent has been a member of the Pension Advisory Committee to the Ontario Ministry of Finance since 2009. He has also served on the Financial Services Tribunal of the Financial Services Commission of Ontario and is a past chair of the Legal Advisory Committee of the Pension Commission of Ontario.

Year of Call

• Ontario Bar 1981

Law School

• LL.B., Osgoode Hall Law School, 1979

Selected Client Work

Mr. Vincent has acted for the following clients:

• Nortel Networks Limited as pension and benefit counsel regarding its CCAA proceedings
• RR Donnelley in connection with its takeover bid for Bowne & Co. Inc.
• The Board of Directors of Air Canada on pension issues relating to CCAA proceedings
• Fairmont Hotels & Resorts Inc. in respect of pension matters
• John Deere Inc. in respect of pension matters
• Shoppers Drug Mart in respect of the partial wind-up of its Executive Pension Plan
• Colgate-Palmolive Canada Inc. in respect of the partial wind-up of its pension plan
• The Anglican Church of Canada on its pension and benefit arrangements
• The Régie des rentes du Québec as an expert witness before the Tribunal administratif du Québec
• The Ontario Minister of Finance in respect of pension benefit guarantee fund issues relating to the insolvency of Algoma Steel Inc.

Publications

• "Head Above Water," co-author, Benefits Canada, March 2004.

Speaking Engagements

• "Steering Clear of New Perils and Pitfalls in Defined Contribution Plans: Minimizing Your Risk of Liability," Pension Law, Litigation and Governance, Canadian Institute, Toronto, February 6, 2009.
• Fireside Chat with the Pension Regulators (Moderator), 2008 Pension Fund Invitational Forum, Northwind Professional Institute, Cambridge, Ontario, November 26, 2008.
• "Mergers, Acquisitions and Restructurings: A Guide to Managing Pension Risks in Corporate Transactions" (Panelist), Pension Law, Litigation and Governance, The Canadian Institute's Western Canadian Forum, Calgary, Alberta, May 2006.
• "Pension Benefits Hot Spots: Essential Updates on Key Legal Issues," Ontario Bar Association Continuing Legal Education, April 2006.
• Pension Law, Litigation and Governance (Co-Chair), Canadian Institute's 7th Annual National Forum, January 2006.
• Pension Plan Management (Co-Chair and Speaker), Insight Conference, April 2005.
• Pension Law and Governance (Co-Chair), Canadian Institute, January 2005.

Media Highlights

• "Ontario Unveils Major Pension Changes," Canadian Press / Globe and Mail, August 24, 2010.
• "Ontario Pension Reform," CBA.org, June 3, 2010.
• "Balance Of Interests Debatable," Benefits and Pensions Monitor, May 18, 2010.
• "Ontario Moves Toward Pension Reform," Canwest News, December 10, 2009.
• "Pension Reform," Talk 1410AM Vancouver, October 28, 2009.
• "Pension Reforms To Protect Retirees," The Globe and Mail, October 27, 2009.
• "Labour Sounds Alarm Over Supreme Court Pension Loss," Canadian Press, August 7, 2009.
• "Letters Of Credit Offer Relief For Pension Plans," Lawyers Weekly, August 7, 2009.
• "Supreme Court Decision Stirs Pension Debate," The Globe and Mail, August 7, 2009.
• "Pension Reform Hits Home," Lexpert/The Globe and Mail, November 26, 2008.
• "Ontario Must Make Pension Plans 'Attractive'," The Globe and Mail, November 21, 2008.
• "OSC Enters into Pension Debate," The Globe and Mail, November 14, 2008.
• "Centre Stage," Lexpert, June 2, 2008.
• "Pension Rulings Swing to Employers' Favor," Business Insurance, June 2, 2008.
• "Canadian Firm Wins Pensions Case," Business Insurance, May 26, 2008.
• "Dollar At Reasonable Level, Flaherty Says," Ottawa Citizen, November 24, 2007.
• "Flaherty Says Dollar Has Eased To 'Reasonable Level'," Bloomberg, November 23, 2007.
• "Employers Who Sponsor Pension Plans Get Breathing Space," Law Times, November 12, 2007.
• "Bringing Malls To The Amazon," National Post, July 7, 2007.
• "Business Gets A Break On Pensions," National Post, June 8, 2007.
• "Pension Plan Ruling Could Free Surpluses," National Post, June 6, 2007.
• "Charest Plays Caisse Card: Among Top Funds," National Post, February 23, 2007.
• "Ruling Lobs Pension Disputes Back To Regulators," Law Times, November 13, 2006.
• "'Common-law Doesn't Apply To Pension': A Different Kind Of Trust", National Post, July 24, 2006.
• "Trustees Of Pension Plan Charged With Mismanagement," National Post, June 30, 2006.
• "MEPS Have Limitations," National Post, June 30, 2006.
• "Ruling To Pay Pension Surplus Reversed," Toronto Star, June 23, 2006.
• "Supreme Court Denies Bid To Claim Surplus Funds By Former Rogers Workers," Canadian Press, June 22, 2006.
• "Fund Decision Makers 'Frightened' Of Being Personally Sued," Law Times, May 9, 2006.

Rankings and Recognitions

• The Best Lawyers in Canada, 2009 - Employee Benefits Law
• Lexpert Canadian Legal Directory 2010 edition, repeatedly recommended (pensions and employee benefits)

Memberships and Activities

• American Bar Association
  • Tax Section, Foreign and International Subcommittee on Employee Benefits and Executive Compensation
• Former Adjunct Professor, Pension Law, University of Western Ontario Law School
• Former instructor, corporate law, Ontario Bar Admission Course
• Former lecturer, Ontario Bar Association, the Law Society of Upper Canada's continuing legal education program and the Canadian Institute of Actuaries