Court File and Parties

Citation: Medland v. Ontario Teachers' Pension Plan, 2011 ONCA 510 Date: 2011-07-11 Docket: C53437 Court of Appeal for Ontario

Before: O’Connor A.C.J.O., Cronk and Rouleau JJ.A.

Between: Ann-Marie Medland, Applicant (Appellant) and Ontario Teachers’ Pension Plan, Respondent (Respondent in Appeal)

Counsel: C.F. MacKewn, for the appellant David Stamp and Katie Beeston, for the respondent

Heard: July 8, 2011

On appeal from the order of Justice K. A. Gorman of the Superior Court of Justice, dated February 14, 2011.

Appeal Book Endorsement

[1] It was the uncontroverted evidence before the application judge that the University of Windsor considers the appellant to be in the equivalent of “full-time” attendance at the University regardless of whether she reduces her course load to three courses per semester. In addition, whatever has gone before between the parties, the Plan has confirmed before this court that the appellant will continue to qualify for survivor benefits under the Plan on the basis of being in “full-time” attendance at school, so long as the academic institution that she attends regards her as being in full-time attendance and the appellant files the requisite annual certificate of such attendance with the Plan.

[2] In these circumstances, it is irrelevant whether, as the appellant argues, the application judge erred by indicating in her reasons that the appellant had already reduced her academic course load from four to three courses per semester. In light of the assurance of continued benefits payment now given by the Plan before this court, the appellant has achieved the result that she sought by way of the alternative relief claimed before the application judge. If the Plan were to resile from the assurance given by it before this court, the appellant will be free to seek relief from the courts, together with an appropriate costs sanction against the Plan, if warranted.

[3] The appeal is therefore dismissed. The respondent Plan is entitled to its costs of the appeal in the amount of $5,000, inclusive of disbursements and all applicable taxes, if such costs are sought.