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Media Coverage

Canadian Lawyer Magazine quotes Antoine Aylwin in an article on retroactive proof of death

Fasken
Reading Time 1 minute read

Overview

“Proof of death can be retroactive, SCC decides in Carleton U. pension case” by Elizabeth Raymer, Canadian Lawyer Magazine

Canadian Lawyer Magazine quotes Montréal lawyer, Antoine Aylwin, in an article on retroactive proof of death.

“The case was really about the fact that Mr. Roseme’s death was known only after” Carleton University had been making pension payments for several years after Roseme had died, says Antoine Aylwin of Fasken Martineau DuMoulin LLP in Montreal, who acted for the respondent, Carleton University, in the case.

“Could we retroactively seek a refund of payments … ? And the Supreme Court decided that, yes, it is a mistake per law … that a pension is payable to someone who’s supposed to be alive” but is later discovered to be dead, says Aylwin.