What is the test for determining the respective rights of a husband and wife in a divorce case?

Saskatchewan, Canada


The following excerpt is from Thomas v. Thomas, 1961 CanLII 249 (SK QB):

Rimmer v. Rimmer, supra, per Romer, L.J.: “Cases between husband and wife ought not to be governed by the same strict considerations, both at law and in equity, as are commonly applied to the ascertainment of the respective rights of strangers when each of them contributes to the purchase price of property, and the old-established doctrine that equity leans toward equality is peculiarly applicable to disputes of the character of the present one, where the facts, as a whole, permit of its application.”

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