Ontario Severance

Workers' Compensation Board v. L.

2006 CanLII 25610 (ON CA)Court of Appeal for OntarioDecided

Pension Benefits Act Protects Death Benefits from Execution

Summary

This is an appeal to the Court of Appeal from an order extending a private equitable receivership over a deceased employee's pension death benefits. The employee defrauded his employer, the Workers' Compensation Board, of over $1.1 million and was dismissed for cause. The employer obtained a default judgment and an order appointing a receiver over his future pension benefits, but the employee died before retiring, triggering a death benefit payable to his designated beneficiaries. The motion judge amended the original order to allow the receiver to collect the death benefits. The Court of Appeal allowed the appeal, finding that the Pension Benefits Act exempts pension benefits from execution and that the designated beneficiaries had a contingent equitable right to the death benefits.

Outcome

appeal allowed

Key Factors

  • exemption from execution
  • pension benefits act
  • equitable receiver
  • death benefits
  • designated beneficiaries

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More Ontario employment decisions from 2006

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.