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.

Other Questions


How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets? (British Columbia, Canada)
What is the test case law for the purpose of determining the validity of a husband’s property under the Dower Act, 1917? (Alberta, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
What is the province's responsibility of the courts in determining the net family property of a married couple? (Ontario, Canada)
What is the test for determining whether a transferor's actual intention was to transfer a property? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a share of a spouse's property? (British Columbia, Canada)
What is the test for determining whether a transferor's actual intention was to transfer a property? (British Columbia, Canada)
What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)