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Article
Pension Fiduciaries and Public Responsibilities: Emerging Themes in the Law
Rotman International Journal of Pension Management. Volume 6, Issue 2 (2013), p. 28-37.
  • Edward J. Waitzer, Osgoode Hall Law School of York University
  • Douglas Sarro
Document Type
Article
Publication Date
1-1-2013
Keywords
  • Fiduciary,
  • governance,
  • Intergenerational Equity,
  • Pension Fund,
  • Prudent Person Standard,
  • Social Norms
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.

Creative Commons License
Creative Commons Attribution-Noncommercial-No Derivative Works 4.0
Citation Information
Waitzer, Edward J., and Douglas Sarro. "Pension Fiduciaries and Public Responsibilities: Emerging Themes in the Law." Rotman International Journal of Pension Management 6.2 (2013): 28-37.