NOVA SCOTIA COURT OF APPEAL
Citation: Cashin v. Cashin, 2010 NSCA 51
Date: 20100609
Docket: CA 319376
Registry: Halifax
Between:
Terrance Jerome Cashin
Appellant
v.
Barbara Jean Cashin
Respondent
Judge: The Honourable Justice Nancy Bateman
Appeal Heard: June 2, 2010
Subject: Matrimonial assets - “bridging benefit”
Summary: With early retirement the husband was entitled to a “bridging benefit” supplementing his pension until receipt of CPP. The judge held that the benefit is a matrimonial asset.
Issue: The husband appeals saying bridging benefit is akin to wrongful dismissal damages or otherwise not a matrimonial asset.
Result: Appeal dismissed with costs. The benefit is a service-based benefit earned during the marriage as part of Mr. Cashin’s employment package (see Yaschuk v. Logan, [1992] N.S.J. No. 99 (Q.L.)(C.A) per Chipman J.A. at page 5). It was not an asset acquired after separation. It does not fall within the s. 4 exceptions.
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