How have courts interpreted the definition of a pension in B.C. legislation that includes the term pension and annuity?
Ontario, Canada
The following excerpt is from Vanderaa v. Vanderaa, 1995 CanLII 7360 (ON SC):
In Webb v. Webb the court considered that part of the definition of property in the B.C. legislation that included “a right of a spouse under an annuity or a pension, home ownership or retirement savings plan”. The court declined to adopt a restrictive definition of the word “pension” so as to limit it to the type of pension which was triggered by retirement due to age and concluded that the husband’s entitlement to a disability benefit was a right under a pension and was therefore a family asset subject to equal apportionment between the parties.
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