June 11, 2019

BC Court of Appeal remits matter of spouse’s entitlement to pension’s survivorship benefits back to trial judge

In a decision released last week, the Court of Appeal for British Columbia held that an earlier decision of the Supreme Court for British Columbia had failed to consider statutory and case authority in deciding not to reopen a family-law proceeding that had purported to establish separating spouses’ entitlement to Read more…

May 30, 2019

Target-benefit plans and commuted-value transfer were the focus of the Pension Division Review Project Committee’s May 2019 meeting

The Pension Division Review Project benefits from having an expert project committee. At this month’s meeting, the committee’s attention was focused primarily on two topics: target-benefit plan design and commuted-value transfer. In very simple terms, target-benefit plans are pension plans that combine features found in both of the more-traditional plan designs: Read more…

April 26, 2019

Pension Division Review Project Committee considers transitional provisions, disability benefits at April meeting

The Pension Division Review Project benefits from having an expert project committee. At this month’s meeting, the committee considered two topics: transitional provisions and disability benefits. The transitional rules that deal with division of pension benefits under the Family Law Act are found in section 253. The committee examined each of Read more…

February 21, 2019

BCLI forms project committee to review pension division under part 6 of the Family Law Act

The British Columbia Law Institute has formed a new project committee to assist it in carrying out its Pension Division Review Project. The committee will review part 6 of the Family Law Act, the Division of Pensions Regulation, and allied legislation and will help BCLI to form recommendations to reform the Read more…

July 14, 2017

Ontario Court of Justice Determines that Ontario’s Family Law Legislation Discriminates Against Dependent Adults With Disabilities Whose Parents Were Never Married

On July 7 2017, Justice Sullivan of the Ontario Court of Justice released a decision that pertains to the constitutionality of Ontario’s Family Law Act in relation to child support obligations for parents of dependent adults with disabilities. The Applicant in this matter is a Robyn Coates, mother to Joshua Read more…