Marcela Aroca

This appeal addressed whether pension payments divided at source for family law purposes can continue to a non-member spouse's estate after their death for the balance of the retired member spouse's life.

The motion judge had ruled this was precluded by the Pension Benefits Act (PBA).

The Court of Appeal disagreed, finding that nothing in the PBA, Family Law Act (FLA), or the Family Law Matters Regulation (O. Reg. 287/11) prevents such an arrangement.

The court emphasized that the "Family Law Matters" sections of the PBA (ss. 67.1-67.9) and the Regulation govern these issues, not general pension provisions.

The appeal was allowed, clarifying that such continuation is permissible if provided for by agreement, court order, or arbitration award.

This endorsement addresses the costs arising from the successful motions by several defendants to dismiss the plaintiff's action for delay.

The successful defendants sought full or substantial indemnity costs, alleging the plaintiff's action was frivolous or vexatious, or that there was a Mary Carter agreement.

The court found no sufficient justification to depart from the usual order of partial indemnity costs, as there were no findings on the merits of the action, nor evidence of frivolous conduct or collusion.

The court awarded partial indemnity costs to the successful defendants, specifying amounts for the motion to dismiss and the remainder of the action.