What is the test for a plaintiff's claim for an in-trust award?

British Columbia, Canada


The following excerpt is from Rothenbusch v. Van Boeyen, 2010 BCSC 1518 (CanLII):

In the alternative, counsel for the defendant argues the plaintiff’s claim for an in-trust award ought to be dismissed as the plaintiff has failed to discharge its burden of proof on the issue, as there is a lack of evidence addressing the factors that are considered in such claims as enumerated in Bystedt v Hay, 2001 BCSC 1735 at para. 180 [Bystedt], affirmed in Bystedt v. Hay, 2004 BCCA 124. Based on the principles established in Bystedt the defendants argue the plaintiff failed to prove what services were provided by his wife, the frequency or duration of the services, the cost of obtaining the services outside of the family or the need for the services.

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