Andrew J.S. Hatnay

Koskie Minsky LLP

20 Queen St W, Suite 900, Box 52
Toronto, ON M5H 3R3
Phone: (416) 595-2083
Fax: (416) 204-2872
E-mail: [email protected]

Partner and practice coordinator of the firm’s Pensions and Employee Benefits Group. Andrew advises employees, retirees, pension plan administrators and unions on all aspects of pensions, benefits and employee compensation, and has an expertise in corporate restructurings and bankruptcy. He acted as representative counsel for employees and retirees of Sears Canada, Stelco, Hollinger, Domgroup, Eaton’s, Dylex, Saan Stores and more. He represented clients in the insolvency proceedings of Indalex, Smurfit-Stone, Hard Rock Paving, General Chemical, Vicwest and the restructurings of Catalyst Paper, Stelco, Ivaco, Slater Steel and Algoma Steel. Andrew was lead counsel to retirees in the landmark Indalex case where the SCC held that the PBA deemed trust applies to an underfunded pension plan in a CCAA and found that Indalex breached its fiduciary duty to pension plan members. He was counsel at the SCC in TCT Logistics where the court held that collective agreements remain in force in insolvency proceedings and that a bankruptcy court cannot pre-emptively shield trustees and receivers from proceedings that may be brought against them by unions. Andrew often presents at legal seminars and teaches a class at McGill University on pension law and investments.

Year Called to the Bar:1991 (ON)
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Repeatedly Recommended
Insolvency & Financial Restructuring - Insolvency Litigation
Insolvency & Financial Restructuring - Financial Restructuring
Pensions & Employee Benefits - Employee