David Stratas Federal Court of Appeal Writing Workshop (Exercise G)

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Pollution and crime motivate many urbanites to move away from the city. However, they often regret this decision and long for the intensity and excitement that makes city life such a stimulating experience.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many city dwellers leave the city because of problems like dirt and crime. However, when they move to more rural areas, they often realize that they miss the intensity and excitement of a city experience.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Though many city dwellers leave for the country in hopes of escaping dirt and crime, they often miss the intensity and excitement city life provides.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many people move out of the city in search of a more favorable rural lifestyle, only to miss its intensity and excitement.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Though many leave the dirty, crime-ridden city for a rural environment, they often miss the stimulation and excitement of city life.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many city dwellers presently leave the city because of problems such as dirt and crime. These city dwellers often yearn for the same intensity and excitement that made life in the city a stimulating experience

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many urban citizens feel compelled to leave the city due to the dirt and crime. It is only after leaving that many of them discover they miss its intensity and excitement.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience.. Many city-dwellers are disillusioned by city life because of nuisances like dirt and crime. However, when they visit the country, they often come to appreciate the intensity and excitement that goes along with city living.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many city dwellers flee the dirt and crime of urban living and move to the countryside only to find themselves pining for the bustle they left behind.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. City-dwellers often move to the country seeking cleaner and safer communities, but many come to miss the excitement of city life.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many city dwellers abandon life in the city because of dirt and crime. However, they miss the thrill of the city once in a rural environment.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Some people give up the city life to escape its filth and crime. Eventually, most miss its excitement and intensity.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many people let city life defeat them; they run to the countryside, away from dirt and crime. After settling in cleaner and quieter places, people often yearn for the thrills that made urban life hum.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many leave the city to escape its pollution and crime, only to find that they miss its intensity and excitement.

Writing Workshop (Exercise G) Many city dwellers find it a necessity to give up on life as it exists in the city at the present time as a consequence of things such as dirt and crime that finally defeat them despite the fact that on the occasion of their leaving for more rural environs, they often come to the realization that they wish they again had the intensity and excitement that makes life in the city such a stimulating experience. Many people leave the city because of dirt and crime but are bored by the country.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. Despite a long history of financial problems and management disputes, the training program has successfully placed approximately 50 per cent of its trainees in positions appropriate for their skills and abilities.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. Even though the training program has a history of financial issues and management-staff disputes it has succeeded in placing approximately 50% of it’s participants in jobs that match their skill levels.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. Although the training program has financial and managerial problems, it is effective at finding positions. Around 50% of trainees find jobs in their field.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. The training program has a history of financial problems and an unclear management-staff dispute record because of unclear definitions of responsibility. However, in the past few years, the program has had success in placing 50 percent of its trainees in jobs and positions equal to their training.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. While the training program has had financial and management difficulties resulting from unclear roles, it has also experienced great success, placing approximately 50% of its employees in appropriate positions.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. Although financial problems and labour disputes have plagued the training program, it has achieved considerable success. Half of its trainees find employment commensurate with their skills.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. Despite financial difficulties and poorly defined staff responsibilities, the training program places 50% of their trainees in appropriate jobs.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. The training program has had its ups and downs. Their financial history and human resources records are not stellar. However, in the past few years, trainees of the program have a 50% placement rate into the workforce. The training program sufficiently prepared them for these positions.

Writing Workshop (Exercise G) Regardless of the fact that the training program has a long financial problem history and management-staff dispute record because of unclear responsibility definition, it is equally true that in the period of the last few years or so, it has with considerable success placed in the area of 50 percent of its trainees in various different jobs and positions equal to their training and skill-level preparation. Despite the training program’s struggles with finances and employee relations, it has found half its trainees suitable employment.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions serve an important function in our judicial system. They eliminate repetitious litigation, enforce claims too small for individual litigation, and resolve many claims at the same time.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions serve an important function in our judicial system by eliminating repetitious litigation as many claims are resolved at once and allowing enforcement of small claims that would otherwise be ignored.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions serve a vital role in the judicial system by allowing litigants to group together and have all their claims heard at once. This avoids repetitious litigation and allows claimants to pursue and enforce claims that would otherwise be too small to warrant individual litigation.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions allow the enforcement of claims too small for litigation and eliminate repetitious litigation by resolving multiple claims of different individuals simultaneously.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions eliminate repetitious litigation by allowing multiple claims to be resolved at the same time. They also allow for the enforcement of claims that are too small for individual litigation.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions promote efficiency in our judicial system by allowing groups of individuals to resolve their claims at the same time. In addition, they enforce claims that would otherwise be too small to warrant individual litigation.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions resolve many individual claims at the same time. Importantly, they eliminate repetitious litigation and allow claimants to enforce claims that would not otherwise warrant individual litigation.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions resolve claims that are too small and inefficient to enforce individually. The judicial system needs class actions to remedy large groups' complaints without repetition.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions play an important role in delivering justice. When every individual is forced to sue separately, the justice system becomes clogged with identical lawsuits. Many claims are abandoned as too small to justify going to court. By merging these smaller suits into a single trial, class actions free up court time and open the gates of justice to all.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions, which enables the claims of many individuals to be resolved at the same time, serve two important functions: (1) it eliminates the possibility of repetitious litigation; and (2) provides a method for enforcing claims that would otherwise be too small to warrant individual litigation.

Writing Workshop (Exercise G) By establishing a technique whereby the claims of many individuals can be resolved at the same time, class actions serve an important function in our judicial system in eliminating the possibility of repetitious litigation and providing claimants with a method of obtaining enforcement of claims that would otherwise be too small to warrant individual litigation. Class actions involve resolving the claims of many individuals simultaneously. They serve as an important function of our judicial system for two reasons: 1.they eliminate the possibility of repetitious litigation; and 2.they enforce claims that would otherwise be too small to litigate individually.

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? The fundamental issue of this appeal is whether an employer can discriminatorily divide pension plan trust assets comprised of employer and employee contributions between groups of plan members without express language in Trust and Plan documents. This raises many broad legal questions regarding the division of trust assets in an ongoing pension plan during corporate divestiture.

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? The issue raised by this appeal is whether an employer can unilaterally divide pension plan trust assets in a way that differentiates between identical groups of plan members when the assets are contributed to by both employer and employees.

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal raises a question of whether an employer can divide trust assets in a way that discriminates between identically placed groups of pension plan members if there is nothing in the Trust and Plan documents that allows it.

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? The broader question of law raised in this appeal is as follows: in the course of a corporate divestiture and in the absence of express language in the Trust and Plan documents, can an employer unilaterally divide trust assets in a way that discriminates between identically situated plan members in the course of selling an ongoing pension plan comprised of trust assets derived from employer and employee contributions?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal raises an important question of law about the division of trust assets in an ongoing pension plan. Can an employer unilaterally divide trust assets in a way that treats the employees in an identical plan differently without the Trust and Plan documents authorizing that differential treatment?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal raises a broad question of law regarding trust assets. Absent express language, can a sale transaction of an ongoing pension plan that includes trust assets from both employer and employee contributions be divided in a way that discriminates between identically placed plan member groups?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal raises a trust law issue concerning a corporate pension plan. Trust assets form part of an on-going pension plan, consist of both employer and employee contributions, and will be divided as part of a corporate divesture. The question here is whether an employer can arbitrarily discriminate between groups of plan members when unilaterally dividing trust assets, without authorization.

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal raises a broader question of pension fairness when a company with a single pension plan is selling off a division. With some employees moving to a new company, the pension plan assets they helped pay for must move with them. These assets must be divided between the employees who are leaving and the ones who are staying. Without explicit authorizing language in the Trust and Plan documents, can the employer divide the assets to give one group fewer benefits than the other, or must all the employees be treated alike?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? Can an employer undergoing a corporate divestiture divide trust assets unequally among beneficiaries of a pension plan in the absence of express language in the Trust and Plan documents?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? The corporation contributes to a pension plan that also includes contributions from its employees. The corporation holds these the pension plans assets in trust. Is it legal for the corporation to distinguish between two groups of pension plan members when dividing assets, without written authorisation in the pension plan documents?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal raises a broader question regarding the division of trust assets in an ongoing pension plan during a corporate divestiture: Can an employer divide trust assets in a way that discriminates between identically-placed groups of plan members without express language in the Trust and Plan documents?

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? This appeal concerns the division of trust assets in an ongoing pension plan for a corporate divestiture. Can an employer unilaterally divide trust assets in a way that discriminates between identically placed groups of plan members? Can an employer do this in the absence of express language in the Trust and Plan documents? This is a question of law.

Writing Workshop (Exercise G) It is respectfully submitted that this appeal raises a broader question of law regarding the division of trust assets in an ongoing pension plan in the context of a corporate divestiture. The fundamental issue can be succinctly expressed - to implement a sale transaction involving an ongoing pension plan comprised of trust assets derived from employer and employee contributions, can an employer unilaterally divide the trust assets in a way that discriminates between identically placed groups of plan members, in the absence of express language in the Trust and Plan documents authorizing such differential treatment? The issue is: can an employer unilaterally divide trust assets if: ● The purpose is to implement a sale transaction involving an ongoing pension plan; ● The pension plan is comprised of employer and employee funded trust assets; ● The division discriminates between identically placed groups of plan members; and ● The Trust and Plan documents are silent on the issue of differential treatment.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. n considering the issue of a pension plan surplus, we must begin by considering this courts decision in the Schmidt case. Schmidt tells us that in considering the rights, duties and obligations in relation to pension plan assets, we must first look to the applicable plan documents. Therefore, we must also consider whether a trust has been established, and to which assets the trust applies. If it is found that a trust has been created, Schmidt further stands for the idea that the principles of trust law will apply to such assets.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. This Court’s decision in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") stands for two important principles applicable to pension plan surplus. Firstly, where a true trust has been established, the applicable plan documents determine the rights duties and obligations in relation to pension plan assets. Secondly, where a true trust has been established, trust law principles are applicable and prevail in relation to such assets.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") established the principle that the pension plan documents are a primary source for outlining the rights, duties and obligations in relation to the plan assets. Schmidt also established that if a trust has been created, trust law principles are applicable to the plan assets. As a result, it is important to determine whether a trust has been established and the nature of the assets of the trust.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. Schmidt v. Air Products Canada Ltd., [1994] 2 SCR 611 (“Schmidt”) establishes the principles for a pension plan surplus. The plan documents will establish if a true trust exists, and if so, which assets apply, and the rights, duties and obligations relating to the assets. If a true trust exists, trust law principles apply to the assets.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 (“Schmidt”) tells us that the first step in dealing with pension plan surplus is to check the plan documents and determine the rights, duties, and obligations relating to the pension plan assets. If it is a true trust, then the assets it applies to must be identified. Furthermore, if it is a true trust, trust law principles will apply to these assets.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. The decision of this court in Schmidt stands for two principles: (1)Pension plan documents should be consulted to determine the rights, duties and obligations attached to pension plan assets. This requires determining whether a true trust has been created and the assets to which that trust applies. (2)If the properly constructed HBC Plan Documents create a trust, trust law principles are applicable and prevail in relation to all assets to which the trust applies.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 stands for two general principles: 1.Plan documents are the starting point for determining rights, duties and obligations relating to pension plan assets. 2.If the plan documents create a trust, trust law applies to those assets. The Court must therefore determine (1) if the plan creates a trust, and if so, (2) to what assets it applies.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. The starting point for the analysis of principles applicable to pension plan surpluses is Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt"). Schmidt establishes three principles: 1. Look to the applicable plan documents to determine the rights, duties and obligations surrounding pension plan assets; 2. Determine whether a true trust has been established by these documents and, if so, determine the assets belonging to the trust; 3. Trust law principles will govern the assets of trusts created through proper construction of plan documents.

Writing Workshop (Exercise G) The decision of this Court in Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") is the starting point for the analysis of the principles applicable to pension plan surplus. Schmidt established the general principle that one must first look to the applicable plan documents to determine the rights, duties and obligations in relation to pension plan assets. In this regard, it is critical to determine whether a true trust has been established, and, if so, the assets to which the trust applies. Schmidt further stands for the general principle that if, upon a proper construction of the HBC Plan documents, a trust has been created, another important principle follows: trust law principles are applicable and prevail in relation to such assets. Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt") established the steps for analyzing pension plan surpluses: (1)Identify the rights, duties and obligations of the pension plan (2)Determine whether the plan created a true trust (3) Assess the applicability of the trust to the assets of the plan (4) Apply the principles of trust law to the case.

David Stratas Federal Court of Appeal Writing Workshop (Exercise G)

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David Stratas Federal Court of Appeal Writing Workshop (Exercise G)

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Presentation on theme: "David Stratas Federal Court of Appeal Writing Workshop (Exercise G)"— Presentation transcript:

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