If a pension surplus exists and is accessible, entitlement is entitlement?
Alberta, Canada
The following excerpt is from Resurgence Asset Management LLC v. Canadian Airlines Corp., 2000 ABCA 238 (CanLII):
In addition to the evidence upon which the learned chambers judge based her conclusion, she is also supported by the case law which demonstrates that even if a pension surplus existed and was accessible, entitlement is a complex question: Schmidt v. Air Products of Canada Ltd., 1994 CanLII 104 (SCC), [1994] 2 S.C.R. 611 (S.C.C.).
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