COURT OF APPEAL FOR ONTARIO
DATE: 20000714
DOCKET: C33280
RE: OTTAWA CARLETON CREDIT UNION LIMITED (Respondent)
and STEPHANIE ANN WALSWORTH (Appellant)
BEFORE: MCMURTRY C.J.O., MORDEN AND ROSENBERG JJ.A.
COUNSEL: Kevin L. LaRoche
Johanne M. Asselin
for the appellant
Geoffrey A. Howard
for the respondent
HEARD: June 27 and 28, 2000
On appeal from the judgment of Charbonneau J. dated November 22,
E N D O R S E M E N T
[1] In our view, the correct interpretation of the relevant
terms of the judgment of March 16, 1998 is that the appellant’s
entitlement to the equalization payment was converted into an
interest in the pension plan and as such is not exigible.
[2] We do not think that the terms of the judgment can
reasonably be read as providing for an interest in the pension
plan as security only for a money judgment of $58,022.00
[3] Accordingly, the appeal is allowed. The order of
Charbonneau J. is set aside and in its place an order is granted
allowing the appeal from the Deputy Registrar in Bankruptcy and
dismissing the respondent’s motion. Mr. La Roche has submitted
that the costs order should be in favour of the appellant with
respect to each of the two proceedings below and to this appeal,
limited to disbursements. The respondent does not oppose this
disposition. Our costs order should give effect to this
submission.
“R. McMurtry C.J.O.”
“J.W. Morden J.A.”
“M. Rosenberg J.A.”