Category: Family Law/Estate
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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 . . .
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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 . . .
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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 . . .
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Alberta Update re Electronic Beneficiary Designations
The Alberta Superintendent of Pensions published EPPA Update 20-07 regarding electronic beneficiary designations . . .
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Boreen v. Mosaic Esterhazy Holdings ULC, 2020 SKCA 132 – Common Law Wife’s Disentitlement to Pension Not Due to Any Employer Negligence
After Mr. and Ms Holmes separated in 1993, they never entered into a formal separation agreement nor legally divorced. Mr. Holmes subsequently lived with Ms Boreen, as a common law couple, until his death in 2014 . . .
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Cousin v. Cousin, 2020 ABQB 636 – Outstanding Spousal Support Cannot be Secured Against Pension
Danielle and Bryan Cousin entered into a comprehensive Separation Agreement, agreeing, among other things, to divide certain matrimonial property, while also releasing claims to specific entitlements. This included Danielle giving up her right to apply for a share of Bryan's pension . . .
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Manitoba (Re)Introduced Bill 8 re Pension Benefits Act
Manitoba introduced Bill 8, The Pension Benefits Amendment Act, for first reading on October 14, 2020. Bill 8 includes the following amendments to the Manitoba Pension Benefits Act (PBA . . .
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Ontario Regulations re Deadline Extensions
Ontario filed Regulation 287/20 and Regulation 288/20, extending a number of deadlines under the Pension Benefits Act in light of COVID-19. The Financial Services Regulatory Authority (FSRA) updated its questions and answers to provide further guidance on these amendments . . .
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Van Delst v. Hronowsky, 2020 ONCA 329 – Ontario PBA Applies with “Necessary Modifications” to Federal Pension Valuation
Ms Van Delst and Mr. Hronowsky both worked for federal government bodies subject to the Public Service Superannuation Act (PSSA). When their marriage ended, they each had differing views on the proper valuation of their pensions. Van Delst commenced an application with the Ontario Superior Court per the Ontario Family Law Act (FLA . . .
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Ontario Updates Order re Wills & Powers of Attorney
Further to my earlier post, Ontario has revoked its earlier order and substituted a new order (Regulation 164/20) permitting wills and powers of attorney to be executed via audio-visual communication (AV) technology. The new order permits the signing of these documents in counterparts . . .
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