In support of this submission I have been referred to Kaine v. Kaine (1984), 1983 CanLII 2469 (SK QB), 30 Sask. R. 23. In that case the parties had executed a separation agreement which made no reference to certain pension rights. Subsequently, the petitioner applied for distribution of those rights and was granted same. The only portion of the report which is directed to the question of whether the pension rights were distributed by the agreement is the following as found at p. 25 of the report. “[12] The clause in the separation agreement relating to personal property recited: ‘6. PERSONAL PROPERTY Each of the parties hereto may dispose of the personal property now possessed by him or her as if he or she were unmarried. Each party shall have title to the chattels presently in the possession of each.’ “[13] Pension benefits are not a chattel, and it is quite clear that the mind of neither party was directed toward pension benefits which were not specifically referred to in the separation agreement - when agreeing to the sentence involving ‘personal property’.”
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