LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Albrecht v. Albrecht (1990) 

This case concerned the ability of women to access pension plan credits following a separation or divorce. 

LEAF intervened before the Ontario Divisional Court. 

Facts 

Maria Albrecht and Adolf Albrecht separated after 35 years of marriage. They entered into an agreement which said that Mrs. Albrecht had no claims against her former husband for maintenance or against his property. In exchange, she received a payment of $40,000.  

A few years after the separation, Mr. Albrecht took early retirement and began receiving payments under the Canada Pension Plan. The Canada Pension Plan contained a provision which limited the effect of spousal agreements on the division of pensionable earnings. Mrs. Albrecht requested and received from Canada Pension Plan a division of the pension credits between her and her former spouse. This caused Mr. Albrecht’s payments to decrease by almost half.  

Mr. Albrecht applied to the Ontario District Court for an order that Mrs. Albrecht was not entitled to the pension credits. The Court agreed. Mrs. Albrecht appealed to the Ontario Divisional Court. 

LEAF’s arguments 

LEAF argued that, if the requirements under the Canada Pension Plan were not met, there could be no waiver of the right to a division of pensionable earnings. Finding a waiver in these circumstances would be inconsistent with the purposes of the Plan as a whole, including ensuring that former spouses, primarily women, who contribute to society outside of the formal workforce, get the benefit of the pension program.  

LEAF also argued that women’s economic disadvantage was a sex equality issue. The provision in the Canada Pension Plan limiting the effect of spousal agreements clearly invoked the constitutional equality rights of women and, in particular, elderly women and women with disabilities. It needed to be interpreted in a manner consistent with s. 15 of the Charter. 

Outcome 

The Ontario Divisional Court overturned the lower court’s decision, and held that there could be no contracting out of the right to a division of pension credits unless the requirements of the Canada Pension Plan were met. 

LEAF is grateful to Helena Orton and Carole Curtis, counsel in this case.  

Download LEAF’s factum here.  

Read the Ontario Divisional Court’s decision here.

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].

Case Documents

August 1, 1989
Ontario Divisional Court Factum

Case News

Loading...
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
Elderly 95 years old woman sitting miserably at the table at home and counting remaining coins from the pension in her wallet after paying the bills.
Current Work
Basic Income Project

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations
More Cases

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations
More Cases

Related Issue Area

Loading...

Socio-Economic Rights

Case Summary

Albrecht v. Albrecht (1990) 

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français