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.
