What is the test for determining a retirement date for a pensioner's property?
Ontario, Canada
The following excerpt is from Harnum v. Harnum, 2004 CanLII 47805 (ON SC):
In determining a retirement date, the court must do so on the basis of the available evidence. The court should look to the intention of the pension holder as of the date of separation, and this should include any facts within the pension holder’s contemplation at the time of separation. Evidence of a change of heart, after a valuation date, should not be part of the determination: Best v. Best (1999), 1999 CanLII 700 (SCC), 49 R.F.L. (4th) 1.
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