What is the test for determining the likely retirement date of the Husband?

Ontario, Canada


The following excerpt is from Hesketh v. Hesketh, 2005 CanLII 34364 (ON SC):

The task faced by the court is to determine the likely retirement date of the Husband as at the date of separation, without making use of “hindsight” evidence: see Best v. Best, 1999 CanLII 700 (SCC), [1999] 2 S.C.R. 868 at paragraphs 95 to 105. The best evidence in that regard can usually be found in the stated intention of the pension-holder at or about the time of the separation. However, in this case that evidence is decidedly lacking.

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