Fostey v. R, 99 DTC 1004, [1999] 4 CTC 2575 (TCC) -- summary under Retiring Allowance

The taxpayer was the chief executive officer of a corporation that sold its business to another corporation. In finding that a lump sum received by the taxpayer from the corporation qualified as a retiring allowance notwithstanding that he became an employee of the purchaser, Hamlyn TCJ. noted that the taxpayer was not a shareholder, director, or officer of the purchaser and that he performed clerical functions rather than executive functions at his new employer.