Ivandic v. Bank of Nova Scotia
The Court held that the hypo-tax applied to income earned during employment and received in retirement, and therefore the Bank was entitled to continue deducting the hypo-tax; appeal dismissed.
Source-derived case information.
- Citation
- 2013 ONCA 214
- Parties
- Appellant: Luis Ivandic; Respondent: The Bank of Nova Scotia
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 April 2013
- Procedural Posture
- Civil Appeal (collection; Employment Compensation) / Court of Appeal (appeal From Superior Court; Summary Judgment)
- Outcome
- Appeal dismissed
- Legal Topics
- Deferred Compensation, Hypothetical Tax (hypo Tax), Global Mobility Program, Deductions After Retirement, Summary Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luis Ivandic
Appellant
The Bank of Nova Scotia
Respondent
Procedural Posture
Civil Appeal (collection; Employment Compensation) / Court of Appeal (appeal From Superior Court; Summary Judgment)
Legal Issues
- 1 Whether the Bank was entitled to continue to deduct a hypothetical tax on deferred compensation received after retirement
- 2 Whether hypo-tax applies to income earned during employment but paid in retirement
Ratio Decidendi
The Court held that the hypo-tax applied to income earned during employment and received in retirement, and therefore the Bank was entitled to continue deducting the hypo-tax; appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs fixed at $12,500, all inclusive, payable to the Bank of Nova Scotia.
Full Case Text
Judgment text and source record
1 paragraphs
Ivandic v. Bank of Nova Scotia Collection Decisions of the Court of Appeal Date 2013-04-04 Neutral citation 2013 ONCA 214 Docket numbers C56073 Judges Winkler, Warren Keith; Weiler, Karen Merle Magnuson; Laskin, John Ivan Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ivandic v. Bank of Nova Scotia, 2013 ONCA 214 DATE: 20130404 DOCKET: C56073 Winkler C.J.O., Weiler and Laskin JJ.A. BETWEEN Luis Ivandic Plaintiff (Appellant) and The Bank of Nova Scotia Defendant (Respondent) J. Gardner Hodder and Paul Dollak, for the appellant Martin Sclisizzi and A. Nicole Westlake, for the respondent Heard: April 2, 2013 On appeal from the judgment of Justice Michael G. Quigley of the Superior Court of Justice, dated September 10, 2012. APPEAL BOOK ENDORSEMENT [1] The parties agree that this case was an appropriate one for summary judgment. There is also no issue that the deferred compensation Mr. Ivandic received after his retirement was income earned during his period of employment. The issue on appeal is whether the Bank was entitled to continue to deduct a hypothetical tax (hypo-tax) on this income in accordance with its Global Mobility Program after his retirement. [2] We agree with the motion judge that the hypo-tax applied to income earned during employment and received in retirement. Accordingly the appeal is dismissed. Costs are agreed in the amount of $12,500, all inclusive and are payable to Bank of Nova Scotia.