Pension Fiduciaries and Public Responsibilities: Emerging Themes in the Law

10 Pages Posted: 26 Sep 2013

See all articles by Edward J. Waitzer

Edward J. Waitzer

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

Douglas Sarro

University of Toronto, Faculty of Law

Date Written: September 24, 2013

Abstract

As society increasingly faces governance challenges, recognition is growing that a longer-term and more systemic view of fiduciary obligations is needed. This article reviews the singular efforts of the Supreme Court of Canada to develop a broader conceptual framework for such duties. Looking beyond Canada, we then consider, in the context of pension fund governance and administration, steps that might be taken to address and mitigate liability in respect of such duties. We also consider the trajectory of the law and how it appears to be positioning pension fiduciaries with public responsibilities that could alter legal and governance precepts.

Keywords: Fiduciary, Governance, Intergenerational Equity, Pension Fund, Prudent Person Standard, Social Norms

Suggested Citation

Waitzer, Edward J. and Sarro, Douglas, Pension Fiduciaries and Public Responsibilities: Emerging Themes in the Law (September 24, 2013). Rotman International Journal of Pension Management, Vol. 6, No. 2, 2013, Available at SSRN: https://ssrn.com/abstract=2330356 or http://dx.doi.org/10.2139/ssrn.2330356

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

University of Toronto, Faculty of Law ( email )

Toronto
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
150
Abstract Views
925
Rank
293,513
PlumX Metrics