Rebuttal of presumption of life retroactively extinguished entitlement to pension payments

Restitution and Unjust Enrichment - Restitution and unjust enrichment - Miscellaneous

Consequences of rebuttal of presumption of life. Retired university professor, suffering from early-stage onset Alzheimer's disease, left home and disappeared. University was not initially aware of professor's disappearance and continued to pay pension benefits. Later, university contacted professor's former de facto spouse informing her that there were reasonable grounds to believe that professor had died in September 2007. Spouse replied that professor was assumed to be alive pursuant to art. 85 of Civil Code of Quebec and university agreed to continue to pay benefits. Professor’s body was eventually discovered and date of his death was certified to be September 11, 2007. University brought action to recover pension payments it had paid after professor’s death. Trial judge ordered spouse to reimburse university retroactively to December 31, 2007 and Court of Appeal upheld trial judge’s decision. Spouse appealed further. Appeal dismissed. Pension plan unambiguously contemplated termination of benefits upon professor's actual death. Rebuttal of presumption of life under art. 85 of Code retroactively extinguished professor's entitlement to pension payments. Therefore, university's claim for receipt of payment not due under art. 1491 should succeed.

Threlfall v. Carleton University (2019), 2019 CarswellQue 9252, 2019 CarswellQue 9253, 2019 SCC 50, 2019 CSC 50, Wagner C.J.C., Abella J., Moldaver J., Karakatsanis J., Gascon J., Côté J., Brown J., Rowe J., and Martin J. (S.C.C.); affirmed (2017), 2017 CarswellQue 9114, 2017 QCCA 1632, Kasirer J.C.A., Émond J.C.A., and La Rosa J.C.A. (ad hoc) (C.A. Que.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ontario’s response to COVID’s long-term-care crisis lacks an ‘easy fix,’ says elder law lawyer

With more lawyers doing pro bono, profession can meet access-to-justice gap, says Lynn Burns

Ontario Superior Court orders costs for unreasonable conduct and bad faith in child support case

Ontario Bar Association launches peer support network for lawyers living with disabilities

Lincoln Alexander commemorative bust to be displayed at Queen's Park

Insured entitled to third-party coverage in ATV accident case: Ont. CA

Most Read Articles

Occupier negligent in failing to timely salt icy roadway: Ont. CA

Ontario Bar Association launches peer support network for lawyers living with disabilities

Insured entitled to third-party coverage in ATV accident case: Ont. CA

Ontario Superior Court orders costs for unreasonable conduct and bad faith in child support case