Allan F. Foran

Experience

Aikins, MacAulay & Thorvaldson LLP
Partner, 1998 - present. Practises in the area of civil and commercial litigation and administrative law with a focus on contract, pension/benefit, and transportation related matters (including counsel work, commercial agreements and regulatory and Court appearances).

D'Arcy & Deacon
Associate and Partner, 1987 - 1997.

Education

• University of Manitoba, LL.B., 1986
• University of Manitoba, B.A. (Economics), 1983

Call to the Bar

• Manitoba, 1987

Presentations

• Public Sector Administrators’ Forum – Presentation on “Legal Update on Pension Matters”, August 23, 2010
• American Forest Products Association – Transportation Committee - Presentation on “Updates on Canadian Transportation Legislation” in Washington, DC, May 26, 2010
• Canadian Pension and Benefits Institute – Presentation on “Legal Issues in Communicating with Pension Plan Members, May 4, 2010
• Canadian Pension and Benefits Institute - Presentation on “Amendments to Manitoba Pension Benefits act and Regulations Pension Committees”, January 21, 2010
• International Foundation of Employee Benefit Plans – Presentation on “Introduction to Trustee Responsibilities”, July 20, 2009
• American Forest Products Association – Transportation Committee - Presentation on “Canadian Transportation Legislation” in San Francisco, California, May 21, 2008
• Canadian Pension & Benefits Institute - 2007 National Conference - Presentation on "Trustee Fiduciary Responsibility and Liability", June 2007.
• United States National Coal Transportation Association’s annual meeting in Denver, Colorado - Presentation on Canadian railway regulation, September 2005
• Canadian Pension Benefits Institute - Presentation on "Benefit Plans - Current Legal Issues", April 2002
• IHRIM - Presentation on "Privacy Legislation and its impact on Human Resource Information and Technology", March 2002
• Canadian Pension Benefits Institute - Presentation on "Pensions, Benefits, and Privacy", September 2001
• Canadian Pension Benefits Institute - Presentation on "Legal Challenges in Communicating Pension Plan Information to Members" - January 1999
• Manitoba Historical Conference - Panelist - Transportation Issues in Manitoba - May 1998
• Law Society of Manitoba - Panelist and presenter of "The Law of Unjust Enrichment" - 1996
• Law Society of Manitoba - Panelist and presenter of "Commercial Paper: Current Law and Practice" - 1994

Legal Writing

• Speaker at National Conference of Canadian Pension and Benefits Institute June 2007 - "Trustee Fiduciary Responsibility and Liability"
• Course instructor - Pension Basics - Presentation to Canadian Pension and Benefits Institute - May 2007
• Course Instructor - "Introduction to Trustee Responsibilities" - Presentation to the International Foundation of Employee Benefit Plans - September 2006
• "Legal Issues in Communicating with Pension Plan Members" - presentation to Canadian Pension and Benefits Institute - May 2004
• "Benefit Plans - Current Legal Issues" - April 2002
• Manitoba Safety Council - Presented paper on "Exercising Due Diligence in Road Transportation: Assigning Responsibilities in Regulatory and Civil Matters" - December 2002
• "Pensions, Benefits and Privacy" - September 2001
• "Legal Challenges in Communicating with Pension Plan Members" - January 1999
• Law Society of Manitoba, paper on "The Law of Unjust Enrichment" - 1996
• Law Society of Manitoba, paper on "The Law of Guarantees" - 1994

Legal Teaching

• Course Instructor on Transportation Law - University of Manitoba, Faculty of Law - 2000, 2001
• Course Instructor on Transportation Law - University of Manitoba, Transport Institute (CITT Certification) - 1999 - 2001 (Faculty of Management/CITT Certifications) 2002 - 2006

Representative Transactions

Transportation
• Extensive experience in final offer arbitrations of freight rate disputes on behalf of shippers.
• Prepared and presented submissions to House of Commons Standing Committee on Transportation dealing with proposed regulatory changes to transportation legislation.
• Prepared and delivered submissions and appeared before the Canada Transportation Act Review Panel.
• Advice and preparation of level of service disputes.
• Provided advice on shipper relief remedies including running rights.
• Preparation of complaints and legal argument for filing with the Canadian Transportation Agency on discontinuance and abandonment of branch rail lines.
• One of lead counsel in establishing international cargo airline.
• Advice and Litigation of air accident claims.
• Drafted specific use Bills of Lading for carriers and shippers together with related regulatory approvals for implementation.
• Licensing of Motor Transport operations including arranging for registration in required jurisdictions (Canada and the United States of America).
• Litigation of Bill of Lading issues.

Rail
• Extensive experience in conducting final offer arbitrations pursuant to the Canada Transportation Act of freight rate disputes with federal rail carriers on behalf of shippers.
• Retained as special advisor on behalf of the Province of British Columbia to provide advice on shipper issues relating to the disposition of British Columbia Railway.
• Provided transportation advice to three of the four western provinces.
• Regularly provides policy advice to national shipper organizations together with legal opinions on application of Federal and Provincial legislation on members.
• Prepared submissions and appeared before the House of Commons Standing Committee on Transportation relating to proposed regulatory changes to Federal legislation.
• Prepare and submit level of service disputes to Canadian Transportation Agency.
• Prepare and participate on running rights applications.
• Extensive experience in preparation of complaints and filing legal arguments with the Canadian Transportation Agency on discontinuance and abandonment of branch rail lines.

• One of lead counsel in establishing international cargo airline including preparation of all filings and obtaining licencing on a contested basis from the Canadian Transportation Agency.
• Litigation of air accident claims and representing the interests of airlines.
• Provide advice on Federal air legislation and its impact on air carriers.
• Provide advice relating to airport authorities.

• Prepare specific use bills of lading for carriers and shippers.
• Obtain regulatory approvals for special use bills of lading.
• Obtain all requisite licencing for motor transport operations on behalf of trucking companies including registration in required jurisdictions throughout Canada.
• Extensive experience in litigation of bill of lading issues.
• Litigation of cargo claims and carrier/shipper disputes.

• Provided advice to employer on pension plan separation from multi-employer plan and establishing new Pension Plan, including withdrawal agreement, trust agreement and plan text drafting (flex plan component) and implementation of new pension plan.
• Represented Union in drafting, negotiating and implementing new trust agreement, plan text amendments and ancillary contracts with employer to create jointly trusteed pension plan.
• Lead counsel in representing the interests of two plan sponsors in wind-up of registered retirement savings plan trusts. Provided advice as to legal issues arising from the trust agreements, wind-up requirements, regulatory requirements, Court requirements, and proposed method of distribution of unallocated income to approximately 5,000 plan members. Conducted all litigation matters in implementing trust variations and wind-up proposal including contested wind-up application before Court of Queen's Bench. Further defended one of the plans from collateral class action litigation.
• Regulatory advice to trustee in bankruptcy on pension plan wind-up and surplus distribution in insolvency proceedings.
• Advice and preparation of application for payment out and distribution of surplus from pension plans including dealing with the Manitoba Pension Commission.
• Provided advice on wind-up of Pension/Benefit Trusts including dealing with all legal issues as to distribution of funds in Pension/Benefit Plans to current and former members. Prepared applications to vary trust, supporting materials and develop method of distribution. Represented clients in contested hearings on distribution method.
• Appointed by the Manitoba Court of Queen's Bench to represent the interests of in excess of 6,000 retired and deferred members of a public pension plan in litigation to restructure the plan including issues of plan enhancements, surplus use and governance/board of trustee amendment. Successfully represented the interests of the class in obtaining a Court order that expanded the board of trustees to include a representative of the class.
• One of lead counsel on the merger of pension plans to create Health Care Employees Pension Plan - Manitoba (HEPP) - which is managed by a jointly trusteed board. HEPP is one of the largest pension plans in Manitoba encompassing health care workers in hospitals and health care facilities throughout the Province.

Professional Associations

• The Law Society of Manitoba
• Manitoba Bar Association, Honorary Life Council Membership
• Canadian Bar Association
• Member of Canadian Pension Benefits Institute
• Past Chair of Young Lawyers Subsection of Manitoba Bar Association
• Organizer 1993 and 1994 Manitoba Bar Association annual meetings

Miscellaneous Affiliations

• Manitoba Theatre for Young People (located at Canwest Global Performing Arts Center) - Past President of the Board, Executive Board Member (1997 to 2006)