What is the test for dissipation of matrimonial property?
Alberta, Canada
The following excerpt is from Hennesey v. Hennesey, 2005 ABQB 883 (CanLII):
A more recent case to the same effect is Masur v. Madiros, 273 A.R. 77, 2000 ABQB 676. There, the wife obtained exclusive possession of the husband’s home for several months after their final separation. Ritter J. found that the wife had left this home in disrepair, in part due to a “somewhat destructive” dog which the wife had at the time. The husband had to spend time and money to repair the damage, which also affected the home’s selling price, because he lacked the money to complete the repairs. Ritter J. found that the wife’s conduct constituted dissipation of matrimonial property, because “it is the responsibility of dog owners to see to it that their pets do not damage other people’s property”.
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