What is the test for a fair division of assets in a personal injury claim?
British Columbia, Canada
The following excerpt is from Sachdeva v. Sachdeva, 2013 BCSC 313 (CanLII):
The claimant argues that difficulties in identifying or locating assets caused by one party should not be permitted to frustrate a fair division of those assets that should have been available for division. Where there are gaps in the evidence which could be resolved or filled by one party’s disclosure, adverse inferences can be drawn against the party who was most capable of filling the gaps and making full disclosure: Clark v. Clark (1974) B.C.J. No. 651 at paras. 11 and 12.
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