What are the factors used in determining whether there was an effective "ouster" of the claimant by the respondent?
British Columbia, Canada
The following excerpt is from Wellard v Wellard, 2020 BCSC 1877 (CanLII):
The first factor from Shen v. Tong, 2013 BCCA 519 is whether there was an “ouster” of the claimant by the respondent. The claimant’s evidence, which I accept, was that there had been acts of family violence committed by the respondent during the marriage, and that immediately before she left the family home the respondent had threatened her. In the circumstances, she had little choice but to leave the family home, and I find that there was an effective “ouster” of the claimant.
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