In a common law common-law relationship, what is the test for calculating the equalization of benefits between spouses and their common law partners?

Alberta, Canada


The following excerpt is from Campbell v. Campbell, 1998 ABQB 723 (CanLII):

In Peter v. Beblow McLachlin, J., at page 357 stated: “The balancing of benefits conferred and received in a matrimonial or common-law relationship cannot be accomplished with precision. Although it may well be essential in a commercial relationship to closely scrutinize the contributions made by each of the business partners to the acquisition of property, such an approach would be unrealistic and unfair in the context of a family relationship. Ordinarily, the trial judge will be in the best position to assess all of the evidence presented and to estimate the contribution made by each of the parties. The nature of the relationship, its duration, and the contribution of the parties must be considered. Equity and fairness should form the basis for the assessment.”

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