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ARTICLE · 23 OCTOBER 2017

Pensions Newsletter – October 2017

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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Welcome to the 19th issue of the Blakes Pensions Newsletter.

CanadaEmployment and HR
Blakes Pensions, Benefits & Executive Compensation Group
Blakes Pensions, Benefits & Executive Compensation Group
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Welcome to the 19th issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice.

FAMILY LAW

Bell v. Ontario Power Generation Inc., 2017 ONCA 587

Michael Shestowsky was an employee of Ontario Power Generation Inc. (OPG), who retired in February 2003 and received a pension until his death in May 2011. Mr. Shestowsky's pension was calculated in accordance with his pension election form, which confirmed that he did not have an eligible spouse. Following the death of Mr. Shestowsky, the appellant, Sylvia Bell, brought a suit against OPG, claiming that she was his spouse and thus entitled to survivor pension benefits pursuant to the Pension Benefits Act (Ontario) (PBA). The PBA defines "spouse" as a person who, at the date of retirement, has been "living together in a conjugal relationship" with the employee for at least three years. The

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