Kevin L. LaRoche

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.

The appellant appealed an arbitration decision that denied him income replacement benefits after September 25, 1995.

He argued that the arbitrator imposed an inappropriately high burden of proof due to his friendship with his employer and erred in defining his essential tasks by not considering planned expansions to the farm where he worked.

The Director's Delegate dismissed the appeal, finding that the arbitrator properly assessed the evidence and correctly determined that essential tasks must be based on the employment at the time of the accident, not speculative future plans.

No appeal expenses were awarded.

The insurer appealed an arbitrator's decision that Canada Pension Plan (CPP) disability payments received by the respondent were not deductible from weekly income benefits payable under s. 13(3) of the No-Fault Benefits Schedule.

The respondent, who was unemployed at the time of the accident, had been receiving CPP disability payments for a prior condition.

The Director of Arbitrations allowed the appeal, finding that the phrase 'any payments for loss of income' in s. 13(3) is unambiguous and includes CPP disability payments, regardless of whether they relate to the accident or a prior condition.

The weekly income benefits must be reduced by the amount of the CPP payments.