Tremblay v. The Queen, 2009 DTC 1558, 2009 TCC 437 -- summary under Retiring Allowance

A lump sum of approximately $2.5 million received by the taxpayer, an executive, on the termination of his employment pursuant to a Settlement Agreement that stated that the payment "will be characterized as a Retirement Allowance" received the full amount as a retiring allowance notwithstanding that in the Settlement Agreement there was a non-solicitation clause and a clause in which he agreed not to make any "disparaging or critical remark" about his employer or its practices. Little, J. found that the two-fold test in Overin (that but for the loss of employment, the amount would not have been received, and the purpose of the payment was to compensate for loss of employment) was satisfied here.