Is a defendant entitled to a portion of his SCBC pension entitlement?
British Columbia, Canada
The following excerpt is from D.M.W. v. B.P.W., 2004 BCSC 1364 (CanLII):
I am satisfied on the basis of the material filed, and having heard the cross examinations of the parties, that this is a case in which the basic presumption of equal division ought to govern the distribution of the assets. I am not persuaded that any asset should be excluded, however. The parties threw their assets together when they married, and, in view of the length of the marriage and the roles each took I do not think this an appropriate case for backing out the defendant’s pension entitlement (see Sangha v. Sangha, Vancouver No. D098246, May 7, 1998 (SCBC)).
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