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Blackwood v. Canada ( Minister of National Health and Welfare )

A-946-92

Isaac C.J.

16/12/93

2 pp.

S. 28 application to review Pension Appeals Board's decision allowing appeal from Review Committee which set aside Minister of National Health and Welfare's decision not giving effect to provision in divorce judgment between applicant and spouse-Divorce provision containing agreement whereby applicant and spouse will not make application for split of Canada Pension Plan benefits-Effect of Minister's decision unadjusted pensionable earnings of parties to be divided in accordance with provisions of Canada Pension Plan Act, s. 55.2(3)-S. 55.2(3) not unconstitutional-Application dismissed-Canada Pension Plan Act, R.S.C., 1985, c. 8, s. 55.2(3) (as enacted by R.S.C., 1985 (2nd Supp.), c. 30, s. 23).

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