2 total
Equalization entitlement became a non-exigible pension interest.
The appeal concerned the interpretation of a prior judgment arising in a bankruptcy context and its effect on an equalization entitlement linked to a pension plan.
The appellant argued that the prior order converted the equalization payment into an interest in the pension plan, rendering it not exigible by the respondent.
The court accepted that interpretation and rejected the view that the pension interest served only as security for a fixed money judgment.
The appeal was allowed, the order below was set aside, and the respondent's motion was dismissed, with costs to the appellant limited to disbursements.
Union certified without a vote after employee petition opposing certification was found involuntary due to perceived management influence.
The United Steelworkers of America applied for certification to represent employees at the respondent's manufacturing plant.
Although the union demonstrated membership support exceeding 55%, a group of objecting employees filed a petition opposing certification, which would normally trigger a representation vote if found voluntary.
The Board determined the petition was not voluntary, as it was circulated by an employee perceived to have managerial authority and following a meeting with an owner that sparked widespread rumours of plant closure if the union succeeded.
Concluding that the signatures were likely influenced by fears for job security and perceived management involvement, the Board declined to order a vote and granted the certificate.
