What is the test for establishing a claim for excluded property?
British Columbia, Canada
The following excerpt is from Fox. v Fox, 2022 BCSC 139 (CanLII):
The test for establishing a claim for excluded property is proof on a balance of probabilities by the party asserting an excluded property interest. Precision or mathematical certainty is not required, but to discharge the burden, the party seeking to prove property is excluded property must do so with clear and cogent evidence. See Shih v. Shih, 2017 BCCA 37, at paras. 40-44.
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