Court File and Parties

COURT FILE NO.: CV-14-496328

DATE: 20210426

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: DANIEL CARVALHO Applicant

AND:

MARIA AMORIM and THE LABOURER’S PENSION FUND OF EASTERN AND CENTRAL CANADA Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Paiva for the Applicant P. Di Monte, for the Respondent, Maria Amorim D. Yiokaris, for the Respondent, The Labourers’ Pension Fund

HEARD: By writing

CORRIGENDUM

[1] Following the release of my endorsement dated April 16, 2021, counsel advised that there is an error which requires revision.

[2] At paragraph 16, I stated that the Fund reduced Mr. Carvalho’s pension benefits to the joint and survivor benefit level commencing February 1, 2011 and there was a claw back of the overpayment. Counsel advised that the claw back of the overpayment commenced on February 1, 2011 and that the amount of the claw back was for the period of overpayments between May 1, 2002 and May 1, 2010.

[3] It was my intention to order that the retroactive payments be made from the start of the pension; May 1, 2002. As a result, it will be necessary to correct the endorsement.

[4] This is a Corrigendum making the following amendments to my endorsement dated April 16, 2021:

The last two sentences of paragraph 16 are deleted and replaced with the following:

[16] The Fund reduced the pension benefits to the joint and survivor benefit level commencing May 1, 201, and then further reduced his monthly pension to claw back overpayments commencing February 1, 2011.

Paragraph 36 (c) is deleted and replaced with the following:

[36 c.] Directing that the payments to Mr. Carvalho on a “life-only” basis be made retroactive to May 1, 2002, with pre-judgment interest in accordance with section 128 of the Courts of Justice Act, R.S.O. 1990, c. C. 43.

DATE: April 26, 2021