The appellant and the deceased entered into a separation agreement in which the deceased represented that the appellant was solely entitled to his pension survivor benefits.
The agreement also provided that if the deceased remarried, he would make all possible efforts to have his new spouse release her claims to his pension.
The deceased remarried and subsequently died before retiring.
The appellant brought an action claiming entitlement to the pre-retirement death benefit, arguing the separation agreement constituted an assignment under the Pension Benefits Standards Act, 1985.
The Court of Appeal dismissed the appeal, holding that the separation agreement did not amount to a clear and unequivocal assignment of the pre-retirement death benefit, particularly given the express recognition that a subsequent spouse might not release her rights.
