The Plot
Who is entitled to the survivor benefit when a man dies leaving both a legal wife and a common-law partner? The Supreme Court of British Columbia had to resolve this intricate dilemma.
The Players
- Bohdan Gorecki: The deceased, central to this legal conundrum.
- Ellen Gorecki: Bohdan’s legal spouse, asserting her entitlement.
- Olha Byelyeychuk: Alleged to be Bohdan’s common-law partner since 2004.
The Twist
Bohdan purportedly married Olha in 2004 while still legally married to Ellen, complicating the situation further.
The Stakes
Approximately $150,000 in accumulated pension benefits was at stake.
The Court's Verdict
Justice Kirchner rendered a decision that:
- Recognized Olha as Bohdan’s common-law partner under federal pension law.
- Acknowledged Ellen’s rights under provincial family law.
- Ordered an equal division of the survivor benefit between both women.
Why It Matters
- Demonstrates the challenging relationship between federal pension laws and provincial family laws.
- Underscores the importance of updating beneficiary information.
- Affirms that non-financial contributions to a marriage still hold weight in court.
The Takeaway
While love can be complicated, the law seeks to be fair. This case sets a precedent for addressing similarly complex situations in the future.
Legal Nitty-Gritty
- Pension Benefits Standards Act (PBSA): Prioritizes common-law partners over legal spouses for pension benefits.
- Family Law Act (FLA): Allows division of survivor benefits as family property.
- Kraft v Kraft, 2020 BCSC 283: A precedent for dividing survivor benefits to achieve equity.
- Tarr Estate v Tarr, 2014 BCCA 315: Supports equitable distribution in complex family situations.
For clients seeking an in-depth understanding of estate cases, our detailed summaries offer a comprehensive examination of the court’s decision-making process concerning the appointment of estate trustees, particularly in cases of intestacy (absence of a will). These summaries cover the roles of key parties, specific procedural requirements, and the court’s rationale in its rulings. They emphasize the necessity of adhering to established legal protocols to ensure proper estate administration. Click the PDF below for a comprehensive overview.
