How has the court considered disability benefits as part and parcel of an employer pension plan?
Ontario, Canada
The following excerpt is from Vanderaa v. Vanderaa, 1995 CanLII 7360 (ON SC):
In McTaggart v. McTaggart the court considered disability benefits paid to the husband as part and parcel of an overall employee pension benefit plan totally funded by the employer. The benefits represented a level of income earned by the employee for services rendered. The court concluded that these benefits were therefore benefits related to services rendered by the husband to his employer and were not compensation for his disability. Accordingly, the benefits could not be considered damages which were to be excluded from the definition of property.
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