PENSIONS
Judicial review of Pension Appeals Board decision (Decision No. CP22481, dated 5/8/05) upholding Review Tribunal’s designation of Camille Tait as survivor of separated legal husband despite undisputed evidence husband in common-law relationship with another woman for many years prior to his death—Canada Pension Plan, R.S.C., 1985, c. C-8, s. 42(1) contemplating only one survivor in respect of contributor, i.e. person in spousal relationship with contributor at time of death or, if no such relationship, person legally married to contributor— Although husband tried to direct by his will that legal wife would receive survivor’s pension, not possible to assign or designate such benefits under Plan—Application allowed.
Canada (Minister of Human Resources Development) v. Tait (A-391-05, 2006 FCA 380, Linden J.A., judgment dated 22/11/06, 13 pp.)