What is the difference between the retirement method and the termination method?

Ontario, Canada


The following excerpt is from Vanderaa v. Vanderaa, 1995 CanLII 7360 (ON SC):

The issue in this case is really whether the retirement method is more appropriate because there is no need to take into account any post separation factors and hence, in these particular circumstances there is no element of speculation. In this case there is no need to make a finding as to the day the respondent will retire nor is there any need to make assumptions with respect to what extent his salary will increase post separation. The respondent’s pension is totally paid up because of his disability. There will be no element of unfairness to the respondent utilizing the retirement method because a valuation based on that method will not result in the petitioner sharing in post separation services performed by the respondent or increased contributions to the plan by the respondent. Neither of those circumstances will occur in this case. Further, on the date of separation it was known that the respondent’s pension was paid up due to his disability and that he would not be returning to his employment. In these circumstances, therefore, the concerns with the retirement method expressed in Humphreys v. Humphreys which prompted the preference for the termination method do not exist.

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