Category: Family Law/Estate
-
Greenwood v. Greenwood, 2021 SKQB 161 – Former Spouse’s Entitlement to Pension Benefit Did Not Include Survivor Benefits
Doris and Stanley Greenwood were married for 27 years when they divorced in 1980. At the time of their divorce, Doris was granted a vested interest in 47% of Stan's pension benefits, but the applicable pension legislation at that time did not provide for the immediate division of a pension (the 1981 Order . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
CORRECTION: Earl v. McAllister, 2021 ONSC 4050 – Dependent Children Entitled to Entire Estate, But Not Spousal Pension
When Leo McAllister died, he was survived by Barbara McAllister and his two sons from a prior relationship with Tammy Earl. At issue were two pension plans and a life insurance policy, and whether they should be paid to Barbara McAllister or the two boys . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
PEI Passes Bill 6 re Beneficiary Designations
Prince Edward Island passed Bill 6, An Act to Amend the Designation of Beneficiaries Under Benefit Plans, on May 13, 2021. Bill 6 amends the Designation of Beneficiaries Under Benefit Plans Act, which governs beneficiary designations under PEI pension and benefit plans . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Manitoba Passed Bill 8 re Pension Benefits Act
Manitoba Bill 8, The Pension Benefits Amendment Act, received Royal Assent on May 20, 2021 . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Ray-Ellis v. Goodtrack et al., 2021 ONSC 3102 – Subsequent Beneficiary Designation Not in Plan Administrator’s Records is Valid
In 1997, Goodtrack executed a beneficiary designation form, designating Ray-Ellis, his then spouse, as the beneficiary of his Locked in Retirement Account (LIRA). In 2001, the couple divorced and Goodtrack signed another beneficiary designation, designating his parents as the beneficiaries of the LIRA . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Carvalho v. Amorim, 2021 ONSC – Couple Living Separate & Apart for Purposes of Joint & Survivor Pension
Carvalho and Amorim were married in Portugal in 1980. Carvalho moved to Canada in 1985, and Amorim joined him 1990. A couple of months later, Amorim moved back to Portugal, and never again lived with Carvalho in Canada . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Ontario FSRA Consultation re Marriage Breakdown Guidance
The Financial Services Regulatory Authority published Proposed Guidance on Administration of Pension Benefits upon Marriage Breakdown for consultation . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Bone v. Bone, 2020 ABCA 323 – Double Dipping Permitted to Address Financial Need
The Bones divorced in 2003, and Mr. Bone was ordered to pay spousal support to Ms Bone. Since the divorce, Ms Bone had suffered mental health problems and lost most of her share of the family property . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Prime v. Prime, 2020 SKQB 326 – Pension Division Includes Excess Contributions
As a part of the Primes' divorce proceedings, the Saskatchewan Court of Queen's Bench was asked to review the division of Ms Prime's pension. In particular, the Court considered whether the division of family property should include both the commuted value of Ms Prime's pension and excess contributions to which she was entitled . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product. -
Alberta Update re Electronic Beneficiary Designations
The Alberta Superintendent of Pensions published EPPA Update 20-07 regarding electronic beneficiary designations . . .
This content is only available to subscribers. Please login or go to www.optimizelegal.com to learn more about this product.