Allan Foran

Partner

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contact

Office: Winnipeg

Main: (204) 957-4664

Fax: (204) 957-4240

Services provided by A F Foran Law Corporation

Education & Qualifications

  • Manitoba Bar (1987)
  • LLB (Manitoba, 1986)
  • BA, Economics (Manitoba, 1983)

Allan 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.

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 adviser 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.
  • Prepared and submitted level of service disputes to Canadian Transportation Agency.
  • Prepared and participated 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.

Air

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

Truck

  • Prepared specific use bills of lading for carriers and shippers.
  • Obtained regulatory approvals for special use bills of lading.
  • Obtained all requisite licensing 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.

Pension and Benefits

  • 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.
  • Past Chair of Young Lawyers Subsection of Manitoba Bar Association
  • St. John’s-Ravenscourt School Foundation Inc., Board of Directors (2012-present)
  • Canadian Pension and Benefits Institute Manitoba, Board of Directors (2009-present)
  • Western Canadian Highways News, Regular Contributor (2009-present)
  • University of Manitoba, Transport Institute Legal Issues in Transportation, Course Lecturer (1999-2015)
  • West Canitest R & D Inc., Board of Directors (2012-2013)
  • Manitoba Theatre for Young People, Board of Directors and Past President (1997-2006)
  • D’Arcy & Deacon, Associate and Partner (1987-1997)
  • Organizer, Manitoba Bar Association annual meetings (1993, 1994)

Memberships

  • The Law Society of Manitoba
  • Manitoba Bar Association, Honorary Life Council Membership
  • Canadian Bar Association
  • Member of Canadian Pension Benefits Institute
  • New U.S. Hours of Service Regulations: Cost vs. Safety, Western Canada Highway News (December 23, 2013)
  • Slow Down and Move Over Laws: Protecting Those Who Protect You, Western Canada Highway News (June 13, 2013)
  • CBSA’s New EManifest Requirements: Is Your Company Prepared? Western Canada Highway News (January 6, 2013)
  • Hours of Service – U.S. Rule Revisions, Western Canada Highway News (June 19, 2012)
  • Privacy Revisited: Managing Drivers’ Personal Information, Western Canada Highway News (June 15, 2011)
  • Paying Attention, Western Canada Highway News (November 24, 2010)

 

  • Public Sector Administrators’ Forum – Presentation on “Legal Update and Issues for Public Sector Pension Plans”(August 23, 2010)
  • American Forest Products Association – Transportation Committee – Presentation on “Updates on Canadian Transportation Legislation” (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 For 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” (San Francisco, CA, May 21, 2008)
  • Canadian Pension & Benefits Institute – 2007 National Conference – Presentation on “Trustee Fiduciary Responsibility and Liability” (June 2007)
  • Course instructor – “Pension Basics” – Presentation to Canadian Pension and Benefits Institute (May 2007)
  • International Foundation of Employee Benefit Plans – Presentation on “Introduction to Trustee Responsibilities” (September 2006)
  • United States National Coal Transportation Association’s annual meeting – Presentation on Canadian railway regulation (Denver, CO, September 2005)
  • “Legal Issues in Communicating with Pension Plan Members” – Presentation to Canadian Pension and Benefits Institute (May 2004)
  • Manitoba Safety Council – Presented paper on “Exercising Due Diligence in Road Transportation: Assigning Responsibilities in Regulatory and Civil Matters” (December 2002)
  • 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)

 

  • Course Instructor on Transportation Law – University of Manitoba, Transport Institute ­– CITT Certification (1999-2001) Faculty of Management/CITT Certifications (2002- 2006)
  • Course Instructor on Transportation Law – University of Manitoba, Faculty of Law (2000-2001)
  • Ranked by Chambers and Partners (Global) as top lawyer in Transportation Law in Manitoba (2016)
  • A notable practitioner, Chambers Canada, Transportation: Rail & Road (Nationwide – Canada)
  • A leading practitioner, Canadian Legal Lexpert Directory, Transportation
  • Recognized by Best Lawyers for Transportation Law (since 2011)
  • Awarded Zenith Award by Lexpert for recognition of a career achievement in rail and road transportation law (2014)
  • Repeatedly recommended for Transportation Law Lexpert over the last decade
  • Awarded the Queen Elizabeth II medal for contribution to the community and legal profession (2012)