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The appeal is dismissed because the appellant's "previsioned" PA theory has no basis in the Act or Regulations and because he was fully vested on termination of his RPP membership, leaving no unvested employer contributions and therefore no PAR; accordingly the RRSP deduction is limited to $12,175 as assessed by the Minister.
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The Court upheld the application judge’s interpretation that 'in equal shares per stirpes' in this Will functions as a gift-over to the grandchildren/great-grandchildren such that the entire 60% residue is to be divided equally among grandchildren alive at the date of death and any grandchildren or great-grandchildren born within ten years; the appellant’s alternative interpretation was rejected as inconsistent with the testator’s intention, and the application judge’s apportionment of costs was within her discretion.
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The court held that a residual trust gift vested absolutely in the beneficiary, subject only to postponement until age 31, and allowed the trust to be collapsed.
The Court of Appeal upheld the finding that retiree medical benefits were contractual deferred compensation, but struck the declared remedies and confined relief to damages.
The court held that retired salaried employees were contractually entitled to lifetime, fully funded MSP and extended health benefits, and that Weyerhaeuser’s cost-sharing change breached those terms.
The employment letter and stock option plan unambiguously provided that options would be granted only after the probation period and would start vesting one year after grant; the appellant's employment ended before those conditions were met, so he was not entitled to the options; the Court of Appeal will not disturb the trial judge's conclusions.
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British Columbia Court of Appeal varied damages in a stock-option breach case, upheld the pleadings point, and reduced the award from $43,250 to $15,750.
Because the RSU Plan expressly entitles an employee who remains employed to the end of the three-year vesting period to a payout, the claimant satisfied the Plan conditions on January 1, 2008; that entitlement was contractual (or enforceable as a collateral contract) and the MRCC could not reasonably withhold payment after vesting; promissory estoppel also barred the defendants from denying payment.
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The Court of Appeal held that a dismissed president was entitled to full short-term bonus for the measurement year and accrued long-term incentives, but not a pre-contract bonus award.
The court awarded Brian Urton additional LTIP benefits of $82,500, but dismissed his claims for further STIP, vacation pay to term end, and bad-faith damages.
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