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Ontario Court of Appeal Grants Stay of Carrigan Judgment
December 6, 2012

The Ontario Court of Appeal has granted a stayof its controversial judgment in Carriganv. Carrigan Estate pending the outcome of an application for leave toappeal to the Supreme Court of Canada. As discussed in an earlier article, the Appeal Court’s decision has wide ranging implications for administrators ofpension plans with members whose benefits are subject to the Ontario Pension Benefits Act  and raisesimportant issues for plan administrators in other jurisdictions as well. Pending the outcome of the application or thedisposition of the appeal, pension plan administrators must be mindful of howthey deal with the payment of death benefits following the death of planmembers, especially in circumstances involving more than one spouse.

If you have any questions concerning the information presented in this article please contact Claude Marchessault.