What is the burden on the spouse seeking to exclude property under section 85(2) of the BC SPCA?

British Columbia, Canada


The following excerpt is from Shih v. Shih, 2015 BCSC 2108 (CanLII):

Section 85(2) casts the burden of proof on the spouse seeking to exclude property. The parties disagree with respect to the nature of the evidence required, although they both rely on Asselin v. Roy, 2013 BCSC 1681, as supportive of their position.

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