Case Name:

Carrigan v. Quinn

Between

Mary Melodee Dianne Carrigan, Plaintiff, and

Jennifer Quinn, Defendant

[2011] O.J. No. 558

2011 ONSC 385

Court File Nos. CV-09-12443CM, CV-08-011505

 Ontario Superior Court of Justice

M.J. Nolan J.

Heard: December 13-16, 23, 2010; and January 4-7, 2011.

 Judgment: January 24, 2011.

(1 para.)

Counsel:

Rodney M. Godard, for the Plaintiff.

Raymond G. Colautti and Kathleen M. Montello, for the Defendant.

REASONS FOR JUDGMENT

1 M.J. NOLAN J.:-- For Reasons to follow, the following order shall issue:

1) The claim of the plaintiff for a constructive or resulting trust in relation to the pension of Ronald Carrigan is dismissed;

2) A declaration shall issue that the defendant is the spouse entitled to claim the death benefit in relation to the pension of Ronald Carrigan in accordance with section 48 of the Pension Benefits Act;

3) A declaration shall issue that the designation of the plaintiff and the daughters of Ronald Carrigan as beneficiaries of his pension is of no force and effect, in accordance with section 48(6) of the Pension Benefits Act;

4) A declaration shall issue that the defendant is entitled to claim the death benefit, free of any other claim by the plaintiff;

5) The defendant shall, within 30 days of the receipt of the death benefit entitlement, reimburse the estate of Ronald Carrigan for all funds received from the estate for support and other expenses in accordance with the order of Ducharme J. of August 26, 2008, in an amount agreed upon by counsel or fixed by me upon receipt of written submissions by counsel, no longer than four pages in length, within 30 days;

6) Any claim by the defendant for support pursuant to the Succession Law Reform Act is dismissed;

7) Any claim by the plaintiff for support pursuant to the Succession Law Reform Act is dismissed;

8) If the parties are unable to agree on the issue of costs, the defendant's counsel shall serve cost submissions on counsel for the plaintiff within 30 days no longer than 10 pages in length; within a further 20 days counsel for the plaintiff shall serve responding submissions; within a further seven days, counsel for the defendant shall serve any reply submissions and then deliver all the cost submissions to the court through the trial coordinator.

M.J. NOLAN J.

cp/e/qlrpv/qlvxw