J. David Vincent

Biography

David Vincent is Co-Chair of our Pension and Benefit Plans Team. His 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 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.

Mr. Vincent used to be an adjunct professor of pension law at the University of Western Ontario Law School and an instructor in corporate law for the Ontario Bar Admission Course.

Year of Call

• Ontario Bar 1981

Law School

• LL.B., Osgoode Hall - York University, 1979

Selected Client Work

• Borealis Infrastructure Management in respect of pension, benefit and executive compensation matters in its acquisition of the diagnostics business of MDS Inc.
• Arcelor S.A. in respect of pension, benefit and executive compensation matters in its acquisition of Dofasco
• 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 fund investment matters
• Shoppers Drug Mart with respect to the partial wind-up of its Executive Pension Plan
• Colgate-Palmolive Canada Inc. with respect to the partial wind-up of its pension plan
• Anglican Church of Canada on its pension and benefit arrangements
• Régie des rentes du Québec as an expert witness before the Tribunal administratif du Québec

Publications

• Pension Law, Litigation and Governance (Speaker), Canadian Institute's Western Canadian Forum (Calgary, Alberta), May, 2006 .
• Pension Benefits Hot Spots: Essential Updates on Key Legal Issues (Speaker), 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.
• "Hidden Traps in Under-Funded Pensions," Rescuing the Problem Deal, Law Society of Upper Canada CLE, December 2004.
• "Implementing the New CAPSA Governance Guidelines and CAP Guidelines" (chair), Insight Conference, November 2004.
• "How to Deal with Mergers/Asset Transfers in a Post-Moratorium Environment," OBA Pensions and Benefits Section breakfast, October 2004.
• Northwind Professional Institute (chair, Steering Committee), 2004 Pension Invitational Forum, Langdon Hall, October 2004.
• "A Look Ahead: What You Need to Know for the Coming Year," The Canadian Pension and Benefits Institute, September 2004.
• "Pension Plans in Mergers and Acquisitions: 'Merging' Pension Plans," Pension and Benefits Hot Spots: Essential Updates on Key Legal Issues, Ontario Bar Association, April 2004.
• "Head Above Water," co-author, Benefits Canada, March 2004.
• "From Boom to Bust: When Pension Plans Become Insolvent," Pension Issues in Business Restructuring, Ontario Bar Association 2004 Institute, January 2004.
• "One Combined or Two Separate Pension Funds? Dealing with Issues Arising out of M&As," Fifth National Forum on Pension Governance, Canadian Institute, November 2003.
• "Impact of Insolvency on the Pension Promise," Managing Pension Funds in Troubled Times, Infonex, November 2003.
• "Is There a Place for Bill 198 in the Future of Ontario's Pension Plan?" (moderator), Pension Plan Management: Emerging Trends and Legal Latest Strategies, Insight, October 2003.
• "Pension Plan Funding Deficits," Pension Hot Spots: Essential Updates on Key Pension Law Issues, Ontario Bar Association, 2003.

Speaking Engagements

• Pension Plan Management (Co-chair and Speaker), Insight Conference, April, 2005.
• Pension Law, Litigation and Governance (Co-Chair), Canadian Institute's 7th Annual National Forum, January, 2006.
• Pension Law and Governance (co-chair), Canadian Institute, January 2005.
• Cross-Border Summit 2004, Benefits Canada, October 2004.

Rankings and Recognitions

• Best Lawyers in Canada - Employee Benefits Law, 2008
• Lexpert Canadian Legal Directory 2006 edition, repeatedly recommended (pensions and employee benefits) 
• Lectured for the Ontario Bar Association, the Law Society of Upper Canada's continuing legal education program and the Canadian Institute of Actuaries

Memberships and Activities

• American Bar Association, Tax Section Foreign and International Subcommittee on Employee Benefits and Executive Compensation, member.