In accordance with the Regulations disability pension payments are not earnings. A pension must involve periodic payments designed to guarantee recipients, for life, a means of livelihood that their salaries would provide them with if their condition did not permanently prevent them from working to earn that livelihood. The legal nature of an agreement or contractual clause by which such payments are made must be determined on the basis of its scheme, characteristics and actual effects, over and above the definition or title given to it by the parties. What must be defined is the nature of the payments and what must be considered is the reason they are made and the role attributed to them at the time they are made.
Pleau v. Canada (A.G.), June 28, 1996, F.C.J. No. 918 (F.C.A.) A-721-95
Poitras v. Canada (Employment and Immigration Commission), September 20, 1996, F.C.J. No. 1286 (F.C.A.) A-156-95
Forget v. Canada (Employment and Immigration Commission), September 20, 1996, F.C.J. No. 1285, (F.C.A.) A-160-95
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2009-04-28