Court of Appeal for Ontario

Citation: Ivandic v. Bank of Nova Scotia, 2013 ONCA 214

Date: 20130404

Docket: C56073

Before: Winkler C.J.O., Weiler and Laskin JJ.A.

Between

Luis Ivandic

Plaintiff (Appellant)

and

The Bank of Nova Scotia

Defendant (Respondent)

Counsel:

J. Gardner Hodder and Paul Dollak, for the appellant

Martin Sclisizzi and A. Nicole Westlake, for the respondent

Heard: April 2, 2013

On appeal from the judgment of Justice Michael G. Quigley of the Superior Court of Justice, dated September 10, 2012.

APPEAL BOOK ENDORSEMENT

[1] The parties agree that this case was an appropriate one for summary judgment. There is also no issue that the deferred compensation Mr. Ivandic received after his retirement was income earned during his period of employment. The issue on appeal is whether the Bank was entitled to continue to deduct a hypothetical tax (hypo-tax) on this income in accordance with its Global Mobility Program after his retirement.

[2] We agree with the motion judge that the hypo-tax applied to income earned during employment and received in retirement. Accordingly the appeal is dismissed. Costs are agreed in the amount of $12,500, all inclusive and are payable to Bank of Nova Scotia.