Legal Services

Advisor and Negotiator

KAPLAN • LAW provides advice, litigation support and settlement counsel for clients involved in pensions and benefits administration, claims and disputes. Ari Kaplan has 20 years experience as a solicitor, litigator, and negotiator representing pension funds, plaintiffs and defendants, applicants and respondents in courts and tribunals across the country. 

Expert and Mediator

A mediation hearing was held before Ari Kaplan a well-known and very recognized expert in pension law and litigation. The mediation resulted in the settlement reached by the parties.
— Justice M.Z. Charbonneau, Ontario Superior Court

Ari Kaplan has dedicated over 1,000 professional hours since 2016 as an independent investigator, mediator and facilitator to help parties resolve legal disputes. See e.g. Case Study. Ari Kaplan is Canada's first Qualified Mediator (Q.Med) with expertise in pensions and benefits law. Ari has been an expert witness on Canadian law and appointed representative counsel in cross-border proceedings. For more about Ari Kaplan's alternative dispute resolution (ADR) practice at Kaplan Law, please see MEDIATION • BENEFITS.

Group and Class Actions

KAPLAN • LAW acts in representative proceedings. Ari Kaplan was appointed class action mediator in Lacroix v. CMHC and TEAM v. MTS. He 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 M.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 clients on pension and benefit interests in commercial proceedings and helps parties negotiate solutions and compromise during restructuring and transition. In 2019, Kaplan Law was appointed representative counsel to U.S. pensioners in Re Imperial Tobacco. Ari Kaplan's 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 estates for distribution to claimants in North America, Europe and Middle East (see "Top 10 Business Decisions of 2016"). Ari has appeared for pension funds and benefit interests also in British Columbia (Re Catalyst Paper Corporation) and Quebec (Re Bloom Lake, g.p.l.). 

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)
— Buschau v. Rogers Co., 2006 SCC 28

KAPLAN • LAW acts for clients involved with regulators, governments and tribunals. In 2018, Ari Kaplan was lead negotiator to the lead plan sponsor when Alberta transitioned its public sector pension plan to joint governance. 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.). Kaplan Law negotiates and facilitates conversions to new pension plan models such as jointly-trusteed and target benefit plans, and advises on all pensions and benefits compliance, trust and fiduciary matters: funding, indexation, expenses, communication, enrolment, adjudication, termination, investment, administration, transfers, and beneficiary entitlements. 

Families 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 and sponsor of the Family Dispute Resolution Institute of Ontario and helps resolve questions around Family Law Value Statements, support/equalization, parenting and retirement issues, and generation and succession transfers: for more, see Family Mediation.

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