What is the test for determining whether a claimant’s share of interest in a claim is equal?
British Columbia, Canada
The following excerpt is from Pfenniger v. Pfenniger, 1985 CanLII 846 (BC SC):
In Pettkus v. Becker, supra, at pp. 852-53, Dickson J., as he then was, said: “The extent of the interest must be proportionate to the contribution, direct or indirect, of the claimant. Where the contributions are unequal, the shares will be unequal.”
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