What is the limitation and predetermined amount payable under a disability benefit agreement?
Canada (Federal), Canada
The following excerpt is from Pach v. Canada, 2003 FCA 363 (CanLII):
Pursuant to that subsection, such amounts must be payable or receivable as an allowance on a periodic basis; the badges of such allowance include the following: (a) the amount must be limited and predetermined, (b) the amount must be paid to enable the recipient to discharge a certain type of expense, namely for the maintenance of the recipient, and (c) the recipient must be able to dispose of the amount completely. (see Gagnon v. Canada, 1986 CanLII 54 (SCC), [1986] 1 S.C.R. 264) Issue 1: Did the Judge err in concluding that the amounts payable under the agreement were "limited and predetermined"?
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