Does a claimant have to prove her contribution to the acquisition and accumulation of a pension?
British Columbia, Canada
The following excerpt is from D.B.W. v. S.W.B., 2005 BCSC 622 (CanLII):
The courts have consistently held that it is a necessary element of a constructive trust claim on a pension that the claimant demonstrates her contribution to the acquisition or accumulation of that pension. So in Wong v. Spencer [1995] B.C.J. No. 2571 B.C.S.C. Romilly J. said: [para 43] Regarding the plaintiff's claim for constructive trust against the pension, however, I am satisfied, based on the law reviewed above and the facts before me, that she has not succeeded in establishing a claim for constructive trust. It is clear from the evidence that the plaintiff and defendant kept their finances separate. Apart from that the plaintiff is unable to show that she made any contribution towards this pension or the defendant's ability to contribute to it.
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