Lawyer Profile Detail
AREA OF EXPERTISE
Osgoode Hall Law School
Randy Bauslaugh leads McCarthy Tétrault's national Pensions, Benefits & Executive Compensation practice.
Mr. Bauslaugh has been involved with many of the leading pension and benefit cases over the past 30 years. He is presently counsel to the administrator of the Canadian Nortel pension plans, a lead creditor in the world-wide bankruptcy proceedings. He has experience advising on plan governance, plan design, plan mergers, restructurings and conversions, surplus repatriation, and deficit management. Mr. Bauslaugh has led negotiations relating to pension and benefit issues, and has also acted as a mediator and arbitrator in pension related labour disputes. He has reviewed, negotiated and helped implement investment de-risking strategies. Mr. Bauslaugh’s clients include public and private companies, appointed administrators of wound up plans, financial institutions, joint boards of trustees, and Canadian and foreign governments; for example Mr. Bauslaugh has advised the Government of Ontario, the Northwest Territories and Nunavut on pension policy and legislation and the governments of Bermuda, Jamaica, and India on public pension issues and pension standards.
Mr. Bauslaugh is an independent expert Trustee for one of Canada's largest ELHTs, recently established in October, 2016 to oversee implementation and administration of the consolidation of Life, Health and Dental Benefits for approximately 45,000 English Catholic Teachers throughout Ontario. He is an active supporter of many industry associations: for example, he is a member of the Pension Policy Council of the C.D. Howe Institute, the editorial advisory board of Benefits and Pensions Monitor and a former Chairman of the International Pension and Employee Benefits Lawyers Association. Mr. Bauslaugh actively engages in community service. He served six years as Chair of the HR Committee of the Canadian Cancer Society, and currently serves as a Director on the Boards of the Canadian National Exhibition Association and the Scarborough Hospital Foundation.
In 2014, Mr. Bauslaugh was inducted into the CPBI Hall of Fame at a ceremony in Boston, Massachusetts. He is also listed in Who’s Who Legal: Canada, International Who's Who Legal, Chambers Global: The World’s Leading Lawyers for Business, Chambers Canada, The Legal 500 - Canada, The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada, Best Lawyers in Canada, The Canadian Legal Lexpert® Directory as a “most frequently recommended” practitioner in pensions and employee benefits, the Federated Press Directory of Professionals as a "distinguished contributor" and enjoys the highest rating granted to lawyers for professional competence and integrity in the Martindale-Hubbell Law Directory.
Mr. Bauslaugh obtained a BA from the University of Waterloo in 1977 and his LLB from Osgoode Hall Law School in 1981. He was called to the Ontario Bar in 1983.
Randy Bauslaugh often acts with his colleagues at McCarthy Tétrault LLP in litigious matters, including the following recent matters:
- On behalf of Brewers Retail Inc., Canada's largest privately owned chain of retail outlets selling beer and other malt beverages, successfully negotiated a settlement of regulatory and class proceedings relating to the ability of an employer to amend its pension plans to reduce future indexing of benefits, and is co-counsel in class proceedings to implement the settlement;
- Currently representing a leading North American marketer of grain, oilseeds and pulses in negotiating a settlement of regulatory and potential class action claims relating to misadministration of bridging benefits in the period since 1986;
- Currently assisting litigation counsel for a Canadian based global financial institution in connection with individual and class proceedings relating to administration of certain of its foreign pension, bonus and share ownership plans;
- Assisted litigation counsel representing Northern Transportation Company Limited in court proceedings relating to pension plan funding obligations;
- Successfully acted as lead counsel for the appointed administrator of Nortel’s pension plans in connection with a $3 billion claim in the worldwide bankruptcy proceedings, including in parallel US and Canadian court actions;
- Successfully assisted in representing Crown Metal Packaging Canada, a subsidiary of Crown Holdings, Inc., one of the largest packaging companies in the world, as co-counsel in defeating a plan member appeal to the Financial Services Tribunal of Ontario: Dudumas v. Superintendent of Financial Services, 2016 ONFST 15
- On behalf of General Dynamics, negotiated a settlement of class proceedings relating to pension entitlements in Gardner et al v. General Motors of Canada Limited and General Dynamics Land Systems -- Canada Corporation and assisted with follow on litigation to challenge GMCL’s interpretation of the settlement agreement that would have reduced GMCL's portion of liability under the settlement agreement.
RECENT SPEAKING ENGAGEMENTS
- Panel Facilitator, Establishing Your Governance Policy and International Pension Debate, IF 50th Annual Canadian Employee Benefit Conference, Montreal, August 21-22
- Panel Speaker, Translating ESG Into Sustainable Value, CPBI Forum, Winnipeg, June 5-7, 2017
- Led workshop on the following topics: Managing DB pension fund trustee; pension benefit guarantee corporation; pensions regulator risk in respect of the target company on a public M&A transaction; post-takeover leverage of refinancing by the bidding company, IPEBLA Conference, Prague, May 28-31, 2017
- Establishing Governance Policy for Trustees, IF Annual Employee Benefits Conference, Ottawa, May 19 & 20, 2017
- Responsible Investing & the Plan Administrator’s Fiduciary Duty: Advanced Legal Consideration, BC Public Sector Pension Conference, Vancouver, April 26, 2017
- Webinar: Fiduciary Landmines that DC plan sponsors must avoid, Proteus, February 24, 2017
- Pension Plan Management Issues, McCarthy Tétrault Annual Vancouver Client Conference, February 9, 2017
- Webinar on Governance, Proteus, December 18, 2016
- Multi-Panel Speaker, Lancaster House Pensions Conference (Toronto), November 29 & 30, 2016
- CPP Reform: Overview and Implications (with Malcolm Hamilton, McCarthy Tétrault 6th Annual Pension Seminar (Toronto), November 10, 2016
- Environmental, Social and Governance (ESG) Investing, International Foundation of Employee Benefit Plans (IFEBP) Conference Public Plans Forum in Vancouver, August 10, 2016
- Responsible Investment: What does it mean for pension plan administrators?, 5th Annual Pensions & Benefits McCarthy Client Conference, Vancouver, February 4, 2016
- Mainstreaming ESG Considerations, DB Investment Forum (Benefits Canada), December 11, 2016
- Target Benefit Plans in Focus, McCarthy Tétrault 5th Annual Pension Seminar, co-speaker Howard Van Mersbergen, November 12, 2015
- SIPPs What’s New, Independent Actuarial Network, September 29, 2015
- Ontario’s new law requiring pension funds to disclose their approach to ethical investing: Panel Discussion, Ethics Centre Breakfast Event McCarthy Tétrault,May 12, 2015
- Socially Responsible Investments – Do I Have to?, IF Conference Canadian Public Sector Pension & Benefits, May 5-8, 2015
- Revisioning ESG Strategies for DC Plans, Benefits Canada, 2015, Benefits & Pension Summit, Toronto, April 27, 2015
- Navigating ESG Disclosure Requirements in Ontario (and Beyond!), Pension Investment Association of Canada, April 2, 2015
- Ontario Retirement Pension Plan - Discussions Today to Prepare for Tomorrow, Canadian Pension and Benefits Institute, Toronto, March 4, 2015
The Lorax Speaks to Pension Fund Administrators - And They Better Listen!
Pension Law, Governance and Solvency
Supreme Court of Canada Releases Decision in Indalex
Pensions, Benefits, & Executive Compensation
21st Essential Skills for Pension Committee Members
Managing Conflicts of Interest in Pension Plan Governance
Québec’s 2012-13 Budget: The Next Step Towards Pooled Registered Pension Plans
Case Law Update: Critical Analysis of Recent Decisions and Identification of Emerging Trends in Future Litigation — Be Prepared
Indalex Case to Be Heard by Supreme Court of Canada
Managing Service Provider Contracts
McCarthy Tétrault partner Randy Bauslaugh authors report on improving access to target benefit pension plans
McCarthy Tétrault partner Randy Bauslaugh inducted into the CPBI Hall of Fame
Randy Bauslaugh Joins McCarthy Tétrault to Lead Pensions, Benefits and Executive Compensation Practice
Transactions & Cases