Canada Case Law

DM v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The claimant does not qualify to have GIS for July 2019–June 2020 based on estimated 2019 income because his loss of income in 2019 was not caused by retirement in 2019 nor by cessation or reduction of pension income, capital gains are not pension income under the OASR, and therefore the OASA requires the Tribunal to base entitlement on 2018 actual income; the Tribunal has no power to relieve hardship by departing from the statutory criteria.

Source excerpt

• Guaranteed income supplement eligibility
• Use of estimated income versus prior year actual income
• Interpretation of old age security act and regulations
• Capital gains exclusion from pension income

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Cantelon v. Wall

Court

Supreme Court of British Columbia

The court refused summary determination in this family property dispute, finding major credibility conflicts over relationship status and separation date that required a conventional trial.

• Spouse definition
• Marriage-like relationship
• Date of separation
• Limitation period
• Summary trial procedure
• Full and final settlement

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Somerville v. Catalyst Paper Corporation

Court

Supreme Court of British Columbia

The court certified this employment class action, finding some common issues about STIP, benefits, and pension changes, but refusing issues needing individualized notice and damage assessments.

• Certification
• Common issues
• Notice of contract changes
• Short term incentive plan (stip)
• Defined benefit to defined contribution conversion
• Vacation entitlements

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Bassi v. Grewal

Court

Supreme Court of British Columbia

Family law motion in which the court increased child and spousal support, confirmed arrears, reapportioned the matrimonial home to the plaintiff, and granted pension relief.

• Child support
• Spousal support
• Arrears enforcement
• Matrimonial home reapportionment
• Rrsp division
• Pension division

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Cook v. Cook

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal seeking to compel transfer of RRSP funds from an employer-sponsored account despite plan withdrawal restrictions.

• Rrsp equalization
• Spousal rollover (income tax act s.116)
• Family relations act ss.56 and 66
• Vesting and withdrawal restrictions
• Third‑party pension administrator obligations
• Family-law

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