Can a plaintiff claim a proprietary interest in a defendant's pension?
British Columbia, Canada
The following excerpt is from A.K. v. S.D.Y., 2011 BCSC 1567 (CanLII):
S.Y. relies in particular upon Westergard v. Buttress, 2005 BCSC 622, 18 R.F.L. (6th) 196. In that case, the plaintiff claimed a proprietary interest in the defendant’s pension, which he had accrued during his employment at a Prince George sawmill. The pension credits had been accrued from mandatory contributions made by the defendant: Westergard at para. 13. Citing Peter, Mr. Justice Rogers noted that, even assuming that the plaintiff’s efforts had unjustly enriched the defendant in a general sense, in order to award a proprietary claim, there must be a link between the services rendered and the property claimed: Westergard at paras. 42-47. After citing the conclusion of the Court in Carmichael, Rogers J. found that no such link existed in the circumstances:
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