What is the test for finding unfairness in the division of property under the current Family Law Act?

British Columbia, Canada


The following excerpt is from Sophonow v Sophonow, 2021 BCSC 1863 (CanLII):

The principle that animated the judgment of this Court in Pasch is still valid. We ought not to find unfairness in the outcome contemplated by the legislation and that is, therefore, presumptively fair. Under the current Family Law Act regime, “[t]he starting point in the division of property analysis already applies significant exclusions”: V.J.F. at para. 10, citing Slavenova v. Ranguelov, 2015 BCSC 79 at para. 60. An unequal starting point suggests that an unequal end point is similarly contemplated by the statutory regime.

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