Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment?
Ontario, Canada
The following excerpt is from Everest v. Everest, 1980 CanLII 2390 (ON CJ):
[7] In Lamb v. Lamb, the person entitled under a similar statutory superannuation scheme had ceased employment and stood entitled, presumably, to some benefits or other payment at that time. In this case, I am satisfied that the interest of the debtor remains inchoate, although defeasible only on the happening of unusual or unlikely events. This notwithstanding, the monies standing to his credit remain in the Fund and are as unavailable to him now as they were when the garnishment was effected.
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