P. Di Monte

The court issued a corrigendum to correct an error in an endorsement dated April 16, 2021.

The correction clarified that the applicant's pension benefits were reduced to the joint and survivor benefit level commencing May 1, 2010, and that the clawback of overpayments commenced February 1, 2011.

The court also amended the endorsement to direct that payments to the applicant on a life-only basis be made retroactive to May 1, 2002, with pre-judgment interest.

The applicant sought a declaration that his former spouse did not meet the eligibility requirements for a joint and survivor pension under the Pension Benefits Act.

The applicant argued they were living separate and apart when his disability pension commenced, or alternatively, that she had signed a spousal waiver.

The court found that the parties were living separate and apart at the relevant time, as they lived in different countries with no significant interaction.

Although the court found the applicant had forged the respondent's signature on the spousal waiver, he was still entitled to a life-only pension based on the separation.

Costs were denied to the successful applicant due to his deceptive conduct regarding the waiver.

The plaintiff moved to restore the action to the trial list after it was struck for failure to file a certification form.

The action involved a dispute over the proceeds of a real estate joint venture.

Applying the recent Court of Appeal decision in Carioca's Import & Export Inc., the Master determined that because there was no impending administrative dismissal, the appropriate test was whether the action was ready for trial, rather than the stricter delay and prejudice test from Nissar.

Finding the action was nearly ready, the Master granted the motion and imposed a timetable for completing remaining steps.