This appeal concerns the division of a Canadian Forces pension as family property under the Family Law Act.
The appellant sought to divide her pension through monthly payment splits at source, while the respondent sought an immediate lump-sum transfer.
The trial judge ordered a lump-sum transfer to satisfy an equalization payment of $313,002.
The Court of Appeal upheld this decision, finding that the Pension Benefits Division Act only permits lump-sum divisions of federal pensions and that section 10.1(5) of the Family Law Act does not preclude lump-sum transfers when a pension is in pay.
The court dismissed the appeal and awarded costs to the respondent.
