Legal Services

Advisor and Negotiator

KAPLAN • LAW provides advice, litigation support and settlement counsel for clients and lawyers involved in pensions and benefits law claims and disputes. Ari Kaplan has 18 years experience as a solicitor, litigator,  and negotiator representing pension funds, plaintiffs and defendants, applicants and respondents in courts and tribunals across the country.  

Independent Expert and Mediator

Ari Kaplan dedicated over 500 professional hours in 2017 as an independent investigator, mediator and facilitator to help parties resolve matters. See e.g. Case Study. Ari Kaplan is Canada's first Qualified Mediator (Q.Med) with expertise in pension and benefits law. Ari has been an expert witness on Canadian law in Delaware court proceedings. For more about Ari Kaplan's alternative dispute resolution (ADR) practice at Kaplan Law, please see MEDIATION • BENEFITS.

Class Actions

KAPLAN • LAW acts in representative proceedings. Ari Kaplan has served as a class action mediator (Lacroix v. CMHCTEAM v. MTS) and has career-spanning experience negotiating class action settlements, e.g.: Waterston v. CBC, TTC v. SignorileDhillon v. City of HamiltonSunnybrook Health Sciences Centre v. LorenzNational Trust Company v. SmallhornCBS Pictures Canada Inc. v. Dillon

... achieved a result that is significantly more beneficial to the class than the original offer.
— Justice Maurice C. Cullity, Ontario Superior Court
... negotiations at arm’s length with the benefit of expert advice. The parties have been well served.
— Justice I.V.B. Nordheimer, Ontario Superior Court

Restructuting and Insolvency

KAPLAN • LAW advises on pension and benefit interests in commercial  proceedings. His book Pension Law was cited as an authority in Re Indalexthe Supreme Court of Canada's leading decision on company insolvency and pensions. In Re Nortel Networks, Ari Kaplan was on the litigation team for the successful Canadian Creditors' Committee during the cross-border trials in Delaware and Ontario. In 2015, these judgments allocated $7.3 billon to the estates in North America and Europe for distribution to claimants in America, Canada and the United Kingdom (see "Top 10 Business Decisions of 2016"). Ari has also appeared for pension and benefits interests in British Columbia (Re Catalyst Paper Corporation) and Quebec (Re Bloom Lake, g.p.l.). 

Kaplan Law counsels clients on funding solutions and helps parties negotiate compromises during restructuring.

Regulatory and Administrative Law

The complex statutory and regulatory framework to which pension plans are subject cannot be overlooked (see A. N. Kaplan, Pension Law (2006)
— Buschau v. Rogers Co., 2006 SCC 28

KAPLAN • LAW acts for clients involved with regulators and tribunals. Ari Kaplan advises on pension regulatory and compliance matters: funding, indexation, expenses, communication, enrolment, termination, investment, administration, service, transfers, and beneficiary entitlements. Ari Kaplan advises, negotiates and facilitates conversions to new pension plan models such as jointly-trusteed, target benefit and multi-employer plans. He has appeared twice at the Supreme Court of Canada on matters of pension regulation (Monsanto Canada Inc. v. Ontario and Nolan v. Kerry (Canada) Inc.).

Families, Pensions and Benefits

Provisions protecting a spouse’s entitlement to benefits exist in pension legislation across the country, a helpful overview of which is provided by Ari Kaplan
— Justice Pamela A. Kirkpatrick, B.C. Court of Appeal

KAPLAN LAW is retained by family lawyers, professionals and individuals for advice on pension and benefit issues and helps negotiate family settlements. Ari Kaplan wrote Canada's first book in Pension Law and is an authority on how family law and spousal rights intersect with pensions and benefits. Ari mediates and arbitrates family disputes and is trained in conflict reduction and screening. He is a founding member of the Family Dispute Resolution Institute of Ontario and helps resolve questions around Family Law Value Statements and support/equalization, parenting and retirement issues, and inter-generational succession transfers: see Family Mediation.

Kaplan Law refers family law file matters to lawyers in its network.