Our partner Holly LeValliant was interviewed in a recent issue of Law Times about a new court decision regarding the division of pre-retirement death benefits in Ontario. In its decision, the court ruled in favour of a disabled daughter receiving a split of her deceased father’s pre-retirement death benefit (which would have otherwise been payable entirely to the deceased’s wife) as a means of preserving support payments she would have received from her father had he survived.
The decision is significant as it highlights the uncertainty solicitors face in trying to gauge the Court’s interpretation of the Succession Law Reform Act, underscoring why mediation rather than trial is often the preferred route to settle estate litigation matters.
For more information, check out the March 26, 2018 issue of the Law Times, or take a look at the decision itself: https://www.canlii.org/en/on/onsc/doc/2018/2018onsc216/2018onsc216.html.