Markus F. Kremer  

Partner

Executive Summary

Markus Kremer is a partner in our Commercial Litigation Group in our Toronto office. Fluent in English, French and German, Markus practises in the areas of commercial litigation and public law, specializing in pension litigation, class actions, and constitutional and human rights law. Markus has particular experience providing advice to, and representing, pension plan administrators and actuaries, and in defending financial institutions from class actions. He also has experience enforcing foreign judgments and arbitral awards in Ontario. In the area of constitutional law, Markus has particular expertise with respect to difficult religious rights issues in the education system.  In addition to representing parties in litigation, Markus is regularly retained by employers and administrators of single- and multi-employer pension plans with respect to plan administration issues, including the correction of payment errors and plan interpretation issues. Markus has appeared as counsel before all levels of Court in Ontario, and before the Supreme Court of Canada, the Federal Court and the Financial Services Tribunal.

Representative Work

  • Counsel to Monsanto at the Supreme Court of Canada and all levels of court below. Monsanto is the leading pension case regarding distribution of actuarial surplus on the partial wind-up of a pension plan.
  • Counsel for a major Canadian Bank in proposed class actions relating to the use of VISA cards for foreign exchange transactions; overtime pay, the process for clearing cheques, and the fees paid by merchants who accept VISA cards.
  • Counsel for German, Russian and American companies in proceedings to enforce foreign judgments and arbitral awards in Ontario.
  • Counsel to a human resources consulting firm in litigation regarding actuarial services provided to a pension plan, appearing in the Superior Court of Justice and the Ontario Court of Appeal, as well as defending quasi-criminal charges in Provincial Court.
  • Counsel for the Bank of Canada in the Ontario Court of Appeal and below in a class action relating to the charging of administrative expenses to its pension plan.
  • Counsel to a school board with respect to litigation arising out of ownership of a surplus and demutualization funds remaining after the wind-up of an employee group benefits trust.
  • Counsel to the plaintiffs in a proposed class action over the pension benefit entitlements of members of the clinical faculty of a university.
  • Represented a not-for-profit healthcare provider before the Financial Services Tribunal and the Divisional Court with respect to its funding obligations with respect to a pension plan.
  • Negotiated with Government for the implementation of special funding arrangements for pension plans.
  • Regularly provides legal advice to school boards with respect to Catholic denominational rights, religious accommodation duties and French language education rights.

Publications & Presentations

Markus is a frequent blogger on the  “THE EXCHANGE: BLG`s Financial Institutions Litigation Blog”. This Blog is geared towards issuers, dealers, insurance and trust companies, banks and other financial institutions.
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  • Author, "Nipping the Class Action in the Bud: Saskatchewan Court Dismisses Claim Pre-Certification", Class Actions Bulletin, November, 2015.
  • Co-Author, "Securities Class Action Trilogy Heard by the Supreme Court," Class Actions Bulletin, February, 2015.
  • Co-Author, “Unchartered Waters: Constitutional Challenge to Putting Students First Act Appears Inevitable, Its Outcome Unpredictable,” BLG’s Education Law Newsletter, Borden Ladner Gervais, Fall 2012.
  • Author, “Supreme Court of Canada Rejects Charter Challenge to Mandatory World Religions Course,” BLG’s Education Law Newsletter, Spring 2012.
  • Co-Author, “Rise of Pension Misrepresentation Claims in Canada,” Benefits and Pension Monitor, December 2011.
  • Author, “Opinions From Lay Witnesses,” 14:1 Commercial Litigation, Federated Press, 2010.
  • Author, “Supreme Court of Canada Affirms Employer’s Charging Of Expenses And Taking Of Contribution Holidays In Pension Plan,” Workplace Today Online Journal, October 2009.
  • Speaker/Author, “Pensioners’ Paradise Lost? – Recent Trends in Pension Litigation,” Ontario Bar Association, Pensions Section, 6th Annual Pension and Benefits Hot Spots, May 2008.
  • Speaker/Author, “The Monsanto Decision: New Pension Risks in Corporate Restructurings,” Ontario Bar Association, 30th Annual Institute of Continuing Legal Education, Pensions Section, February 2005.
  • Co-Author, “Section 3 of the Charter: Democratic Rights at the Supreme Court of Canada,” Ontario Bar Association, 3rd Annual Charter Conference, October 2004. Also published, 8 NJCL 16.1, 2005.
  • Author, “Administrative Expense Charges,” Pension Planning, Federated Press, 2003.
  • Author, “Jurisdiction Over Foreign Torts,” Commercial Litigation, Federated Press, 2002.

Rankings & Recognitions

  • Recognized in the 2016 edition of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario".
  • Selected by peers for inclusion in the 2016 edition (and since 2010) of The Best Lawyers in Canada® (Employee Benefits Law).