Dubenski v. Semkiw et al., (1992) 54 O.A.C. 208 (DC)

JudgeO'Driscoll, O'Brien and Austin, JJ.
CourtOntario Court of Justice General Division (Canada)
Case DateDecember 02, 1991
JurisdictionOntario
Citations(1992), 54 O.A.C. 208 (DC)

Dubenski v. Semkiw (1992), 54 O.A.C. 208 (DC)

MLB headnote and full text

In The Matter Of the Judicial Review Procedure Act, R.S.O. 1980, c. 244, s. 2;

And In The Matter Of the decision of the Ontario Municipal Employees Retirement Board regarding the distribution of the pension benefits of Peter Stewart Dubenski, deceased, under the Ontario Municipal Retirement System, Group No. 293500, dated October 26, 1990.

Helene Dubenski (applicant) v. Darlene Semkiw and the Ontario Municipal Employees Retirement Board (respondent)

(File No. 211/91)

Indexed As: Dubenski v. Semkiw et al.

Ontario Court of Justice

General Division

Divisional Court

O'Driscoll, O'Brien and Austin, JJ.

January 27, 1992.

Summary:

A municipal employee died. He was con­tributing to a pension plan that provided survivorship benefits to wives. A woman who lived with the man for two years prior to his death claimed the benefits. The Ontario Municipal Employees Retire­ment Board decided that the woman was entitled as a wife to certain pension benefits. The em­ployee's mother appealed.

The Ontario Divisional Court allowed the appeal and held that the woman did not qualify as a wife.

Crown - Topic 5264

Officials and employees - Pension benefits - Survivorship benefits - Wife defined - A municipal employee lived with a woman for two years prior to his death - The woman claimed survivorship pension benefits under the Ontario Municipal Employees Retirement System Act - The woman was required to show that she had been publicly represented by the man as his wife - She stated that the man "always introduced me as the lady he was living with" - The Ontario Divisional Court held that the woman was not the man's wife for purposes to the survivorship benefits.

Statutes Noticed:

Ontario Municipal Employees Retirement System Act, R.S.O. 1980, c. 348, sect. 1(u) [para. 6].

Counsel:

K. Crombie, for the applicant;

L.A.J. Barnes, for the respondent, the Ontario Municipal Employees Retirement Board.

This appeal was heard by O'Driscoll, O'Brien and Austin, JJ., on December 2, 1991. The decision of the court was delivered orally on January 27, 1992, and the fol­lowing opinions were filed:

Austin, J. - see paragraphs 1 to 11;

O'Driscoll, J. - see paragraphs 12, 20 to 23;

O'Brien, J., dissenting - see paragraphs 13 to 19.

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