Abstract

http://ssrn.com/abstract=2222836
 
 

Footnotes (249)



 


 



The Public Fiduciary: Emerging Themes in Canadian Fiduciary Law for Pension Trustees


Edward J. Waitzer


York University - Osgoode Hall Law School; York University - Schulich School of Business; Stikeman Elliott LLP

Douglas Sarro


Sullivan & Cromwell LLP

February 22, 2013

Canadian Bar Review, Vol. 91, No. 1, pp. 163-209, 2012
Osgoode CLPE Research Paper No. 24/2013

Abstract:     
As society increasingly faces governance challenges at all levels, there is a growing recognition of the need to take a longer term and more systemic view of fiduciary obligations. We begin this article with a summary discussion of how fiduciary duties have developed and been applied in the pension fund context. We then review the efforts of the Supreme Court of Canada to develop a broader conceptual framework for fiduciary duties and consider steps that might be taken to address and mitigate liability in respect of these duties in the context of pension fund administration. We conclude by considering the trajectory of the law and how it appears to be positioning fiduciaries with public responsibilities and, in doing so, could alter legal and governance precepts.

Number of Pages in PDF File: 48

Accepted Paper Series





Download This Paper

Date posted: February 24, 2013 ; Last revised: May 23, 2013

Suggested Citation

Waitzer, Edward J. and Sarro, Douglas, The Public Fiduciary: Emerging Themes in Canadian Fiduciary Law for Pension Trustees (February 22, 2013). Canadian Bar Review, Vol. 91, No. 1, pp. 163-209, 2012; Osgoode CLPE Research Paper No. 24/2013. Available at SSRN: http://ssrn.com/abstract=2222836 or http://dx.doi.org/10.2139/ssrn.2222836

Contact Information

Edward J. Waitzer (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 869 5587 (Phone)

York University - Schulich School of Business
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
Stikeman Elliott LLP
5300 Commerce Court West
199 Bay Street
Toronto, ON M5L1B9
Canada
Douglas Sarro
Sullivan & Cromwell LLP ( email )
125 Broad Street
New York, NY 10004-2498
United States
Feedback to SSRN


Paper statistics
Abstract Views: 567
Downloads: 139
Download Rank: 126,869
Footnotes:  249

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.422 seconds