What is the test for establishing that property is excluded property?
British Columbia, Canada
The following excerpt is from Dheenshaw v. Gill, 2017 BCSC 319 (CanLII):
The spouse claiming that property is excluded property bears the onus of demonstrating that the property is excluded property: s. 85(2). The test for establishing excluded property is proof on a balance of probabilities, based on clear and cogent evidence, rather than mathematical certainty: Shih v. Shih, 2017 BCCA 37 at paras. 40 – 44.
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