Ottawa Carleton Credit Union Limited v. Walsworth
The Court held that the March 16, 1998 judgment converted the appellant's equalization entitlement into an interest in the pension plan which is not exigible; therefore the Deputy Registrar in Bankruptcy's order must be set aside and the respondent's motion dismissed.
Source-derived case information.
- Citation
- C33280
- Parties
- Respondent: Ottawa Carleton Credit Union Limited; Appellant: Stephanie Ann Walsworth
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 July 2000
- Procedural Posture
- Collection / Appeal From Judgment of Charbonneau J. Dated November 22, 1999
- Outcome
- Appeal allowed; order of Charbonneau J. set aside; appeal from the Deputy Registrar in Bankruptcy allowed; respondent's motion dismissed; costs to appellant limited to disbursements.
- Legal Topics
- Pension Plan Interest, Equalization Payment, Exigible Assets, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ottawa Carleton Credit Union Limited
Respondent
Stephanie Ann Walsworth
Appellant
Procedural Posture
Collection / Appeal From Judgment of Charbonneau J. Dated November 22, 1999
Legal Issues
- 1 Whether the appellant's entitlement to an equalization payment, converted into an interest in a pension plan, is exigible
- 2 Whether the terms of the March 16, 1998 judgment created an interest in the pension plan as security only for a money judgment of $58,022.00
- 3 Whether the Deputy Registrar in Bankruptcy's order should be set aside and the respondent's motion dismissed
Ratio Decidendi
The Court held that the March 16, 1998 judgment converted the appellant's equalization entitlement into an interest in the pension plan which is not exigible; therefore the Deputy Registrar in Bankruptcy's order must be set aside and the respondent's motion dismissed.
Court Disposition
Appeal allowed; order of Charbonneau J. set aside; appeal from the Deputy Registrar in Bankruptcy allowed; respondent's motion dismissed; costs to appellant limited to disbursements.
Orders
- Appeal allowed
- Order of Charbonneau J. set aside
Full Case Text
Judgment text and source record
1 paragraphs
Ottawa Carleton Credit Union Limited v. Walsworth Collection Decisions of the Court of Appeal Date 2000-07-14 Docket numbers C33280 Judges McMurtry, Roy; Morden, John Wilson; Rosenberg, Marc Subject Civil Decision Content DATE: 20000714 DOCKET: C33280 COURT OF APPEAL FOR ONTARIO RE: OTTAWA CARLETON CREDIT UNION LIMITED (Respondent) and STEPHANIE ANN WALSWORTH (Appellant) BEFORE: MCMURTRY C.J.O., MORDEN AND ROSENBERG JJ.A. COUNSEL: Kevin L. LaRoche Johanne M. Asselin for the appellant Geoffrey A. Howard for the respondent HEARD: June 27 and 28, 2000 On appeal from the judgment of Charbonneau J. dated November 22, 1999. ENDORSEMENT [1] In our view, the correct interpretation of the relevant terms of the judgment of March 16, 1998 is that the appellant’s entitlement to the equalization payment was converted into an interest in the pension plan and as such is not exigible. [2] We do not think that the terms of the judgment can reasonably be read as providing for an interest in the pension plan as security only for a money judgment of $58,022.00 [3] Accordingly, the appeal is allowed. The order of Charbonneau J. is set aside and in its place an order is granted allowing the appeal from the Deputy Registrar in Bankruptcy and dismissing the respondent’s motion. Mr. La Roche has submitted that the costs order should be in favour of the appellant with respect to each of the two proceedings below and to this appeal, limited to disbursements. The respondent does not oppose this disposition. Our costs order should give effect to this submission. R. McMurtry C.J.O. J.W. Morden J.A. M. Rosenberg J.A.