Category: Family Law/Estate
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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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Ontario Order re Wills & Powers of Attorney
Ed. Note: This Regulation has been revoked and replaced with Regulation 164/20.
Per its powers under s. 7.0.2 of the Emergency Management and Civil Protection Act, the Ontario government has issued an Order (Regulation 129/20), permitting wills and powers of attorney to be executed via audio-visual communication technology. These changes apply for the duration of the current emergency . . .
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Kraft v. Kraft, 2020 BCSC 283 – Survivor Benefit Split 50/50 Between Current & Former Spouses
The Krafts were married for 27 years when their marriage ended in 1997. Shortly after their separation, Mr. Kraft began living with Ms. Kempenaar. In 2015, Mr. Kraft retired . . .
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Miaskowski v. MacIntyre, 2020 ONCA 178 – Couple’s Reconciliation Voided Separation Agreement & Related Pension Release
Miaskowski and MacIntyre had an on again/off again relationship: married in 1997, separated in 1999, entered into a separation agreement in 2002, reconciled in 2006 and separated again in 2014. During that entire period, Miaskowski participated in a pension plan. At issue was whether the pension should be valued from the date of the marriage or the date of the reconciliation . . .
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Magcalas v. Magcalas, 2020 ONSC 595 – Spouse Not Entitled to Interest on Lump Sum Transfer
As a part of a case conference settling the divorce of Mr. and Ms Magcalas, the parties agreed to the transfer of a lump sum from the husband’s pension plan to the wife’s RRSP. The transfer amount of $44,398.00 represented the wife's maximum share of the husband’s pension . . .
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Chityal v. Ontario (CEO of FSRA), 2020 ONFST 3 – Request for Review of Earlier Decision Does not Meet Threshold
In an earlier decision, the Financial Services Tribunal determined that Chityal, a former Nortel employee, would only be permitted to transfer his joint and survivor pension from the Nortel pension plan to the Nortel Life Income Fund by having his former spouse complete the regulatory waiver form . . .
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Vogel v. Red River College, 2019 MBQB 182 – Employer Owed no Duty of Care re Changing Beneficiary Designation Form
McLachlan had a life insurance policy through his employer, Red River College (the College). Upon McLachlan's death, the policy was paid to his two daughters. Vogel, McLachlan's common law spouse, commenced a claim against the College, arguing that they had been negligent in not changing the beneficiary designation from McLachlan's daughters to Vogel . . .
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Ontario Passes Bill 132 & 138 re PBA Amendments
Ontario Bill 132, Better for People, Smarter for Business Act, 2019 and Bill 138, Plan to Build Ontario Together Act, 2019, received Royal Assent on December 10, 2019 . . .
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