This was the order that was made by the British Columbia Court of Appeal in Rutherford v. Rutherford (1981), 30 B.C.L.R. 145: per Seaton, J.A.:

    "[para69] In the result I would order that:

(1) The appellant's appeal regarding damages for adultery be dismissed.

(2) The appellant's appeal regarding costs be dismissed.

(3) The part of Mr. Rutherford's pension found by dividing the number of years of contribution prior to November 15th 1976 by 35 is a family asset.

[Comment: November 15, 1976 was the date of separation and, in this case, was chosen as the triggering event, since Mrs. R. was by that time contributing to her own pension.  See para. 39.]

(4) The part of the voluntary contributions that was earned before November 15th 1976 is a family asset.

(5) Mrs. Rutherford is entitled to a one half interest in those parts of the pension that are a family asset (hereinafter called "Mrs. Rutherford's part").

(6) Mr. Rutherford is trustee of Mrs. Rutherford's part.

(7) The voluntary contributions are to be dealt with as set out in these reasons.

[Comment:  Mrs. R. was entitled to share in voluntary contributions made (a) before the relationship ended, and (b) after separation from family assets   Mrs. R. was not entitled to share in voluntary contributions made (c) after separation from non-family assets, nor (c) from the conversion of first years of pensionable service into voluntary contributions by the fact that Mr. R. continued to work longer than the maximum on years of service--in this case 35 years.]

(8) Mr. Rutherford will pay to Mrs. Rutherford the portion of the pension that is her part whenever he draws his pension.

(9) Alternatively - if she gives adequate notice that she so elects - he will pay to her the sums to which she would have become entitled if he had retired on the expiry of the notice.

(10) The power to make further orders, including security, be reserved."

The basic order doesn't reveal the whole story.  After Rutherford, B.C. courts confirmed other aspects of the order (that apply unless the court otherwise orders), such as:

1.  unless the court otherwise orders, or the parties otherwise agree, the whole of the pension that accrues up to the first triggering event is included in the numerator of the Rutherford formula:  (Mailhot, (BCCA)).  That includes pension entitlement that accrued before the relationship began, as well as pension entitlement that accrued after separation up to the triggering event. (Of course, this rule has been changed by Part 6 of the FRA.  The current position is that only pension entitlement that accrues during the relationship is divided, unless the court otherwise orders).

2.  the Rutherford formula identifies the portion of the pension that is attributable to the relationship.  The spouse is entitled to half of that interest.  The fraction is applied to the pension payable when the member retires (or is deemed to retire), not the pension payable when the relationship ends--post-separation accruals in value, consequently, are also divided.
 

The form of order entered in Rutherford