68. Threlfall v. Carleton University 2019
Description
Threlfall v. Carleton University
If a Quebecker is found dead within seven years of going missing, it can retroactively affect payments that were based on them being alive, the Supreme Court has ruled.
Date: October 31, 2019
Neutral Citation: 2019 SCC 50
Breakdown of the decision:
Majority: Chief Justice Richard Wagner and Justice Clément Gascon dismissed the appeal (Justices Abella, Karakatsanis, Rowe, and Martin agreed)
Dissenting: Justices Suzanne Côté and Russell Brown said the proof of death shouldn’t retroactively affect Mr. Roseme’s right to his pension, so Ms. Threlfall shouldn’t have to pay the money back to Carleton (Justice Moldaver agreed)
On appeal from the Court of Appeal of Quebec
Lower court rulings:
Motion to institute proceedings (Superior Court of Quebec)
Appeal (Court of Appeal of Quebec)