Category: Family Law/Estate
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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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Chityal v. Ontario (CEO of FSRA), 2019 ONFST 22 – Court Order Not Sufficient to Waive Entitlement to Joint & Survivor Pension
Chityal retired from Nortel Networks Limited in 2000 and began receiving a joint and survivor pension, as he was married at the time. When Chityal subsequently sought to transfer the commuted value of his pension into the Nortel Life Income Fund, he and his spouse had divorced and he couldn't locate her in order to obtain her consent to the transfer . . .
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Manitoba Introduced Bill 8 re Pension Benefits Act
Manitoba introduced Bill 8, The Pension Benefits Amendment Act, for first reading on November 27, 2019. Bill 8 includes amendments to the Manitoba Pension Benefits Act . . .
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Re Galeano, 2019 ONSC 4984 – Claim for Pension Division Post-Bankruptcy Discharge Dismissed
Galeano and Green began living together in 2008, married in 2011, experienced financial difficulties in 2015 (including filing a joint consumer proposal), separated in 2016 and ultimately divorced in 2017. After their separation, each filed for bankruptcy and were subsequently discharged after the divorce . . .
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Threlfall v. Carleton University (2019) SCC 50 – Order to Repay Pension Benefits Paid in Error Upheld
In 1996, Roseme, a Political Science Professor at Carleton University, elected a single life pension to be paid when he retired. Under this option, his pension would cease upon his death and no payments would be made to his beneficiaries or estate . . .
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