What is the test for an equal division in a property?
Ontario, Canada
The following excerpt is from LeVan v. LeVan, 2006 CanLII 31020 (ON SC):
The onus is on the party claiming an unequal division to establish that an equal division would be unconscionable. (Abdilla v. Abdilla, 2004 CarswellOnt. 4524 (Sup.Ct.) at paras.27 and 28).
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