What is the test for determining fairness in the context of the s. 57 declaration of common law?
British Columbia, Canada
The following excerpt is from Telep v. Telep, 2012 BCSC 2092 (CanLII):
Determining fairness is through the perspective of the circumstances as they existed as of the triggering event, which here was the date of the s. 57 declaration: Blackett v. Blackett, [1988] B.C.J. No. 1465 (S.C.).
The court can consider the question of reapportionment from a global perspective, considering all of the assets as though in one pool, or on an asset‑by‑asset basis: Mujcic v. Mujcic, 2006 BCSC 1760 at para. 76.
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