The appellant employer appealed a trial judgment finding it liable for negligent misrepresentation after the respondent signed a spousal pension waiver without reading it.
The trial judge found the waiver form was confusing and awarded damages.
On appeal, the majority of the Divisional Court upheld the trial judgment, finding that the waiver form used by the employer differed substantially from the form approved by the Superintendent of Financial Services, violating the mandatory requirements of section 46(1) of the Pension Benefits Act.
The appeal was dismissed.
