The applicant brought a motion seeking an order compelling pension administrators to comply with a prior consent order requiring transfer of one-half of the respondent’s pension as lump sum spousal support.
The administrators argued the order exceeded the court’s jurisdiction under the Pension Benefits Act as it existed prior to amendments that came into force on January 1, 2012.
The court reviewed the interaction between the Family Law Act support provisions and statutory restrictions on pension assignments, noting concerns that the consent order may have improperly attempted to divide pension property under the guise of support.
Given uncertainty regarding the remaining balance of lump sum support and the value of other transferred assets, the court declined to grant relief against the pension administrators on the existing record.
The applicant was permitted to supplement the record to establish any outstanding spousal support before further relief would be considered.
