Are there any cases that support the pro rata or common sense/sufficient link approach to tracing for the purposes of the family law process?

Ontario, Canada


The following excerpt is from Farmer v. Farmer, 2021 ONSC 5913 (CanLII):

At a minimum, the pro rata and the “common sense/sufficient link” approaches to tracing are alive and are being applied in the family law cases. In Wolfe v. Wolfe, 2003 CanLii 18219 (S.C.J.) Misener J. considered whether a bank account, into which funds from an inheritance were deposited and then subsequently mixed with funds from non-exempt sources, should be excluded. Some of the funds were also withdrawn after the mixing. See ¶ 48. In his analysis, Misener J. identified all three approaches in the case law. He held that neither was binding. He selected and applied the pro rata approach. See ¶ 49-53.

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