How have the contributions of the two spouses to the business been determined?

Ontario, Canada


The following excerpt is from Maloney v. Maloney, 1993 CanLII 5559 (ON SC):

In Peter v. Beblow, McLachlin J. referred at pp. 652-3 to the practical difficulty of calculating with mathematical precision the value of particular contributions to the family property. That is the case here where the contributions of the plaintiff and the defendant to the business are different, except with regard to the initial loan secured by the mortgage and the alleged initial loan and the loan made at the time of the move from the couple’s joint bank accounts. The plaintiff has worked longer hours than the defendant over the years. However, the defendant has contributed substantially in both time and in financial expertise. To him has fallen the financial control of the business, the leasing arrangements and the negotiations with suppliers. After weighing all of the contributions of each of them, I conclude that the plaintiff and the defendant have made equal contributions to the property which is the subject of this constructive trust.

Other Questions


Is a spouse entitled to an equalization payment from the date of a contribution made by one spouse to the other spouse's property? (Ontario, Canada)
What is the test for determining whether a spouse has met the statutory objective of having a spouse's support needs? (Ontario, Canada)
Does a tortfeasor have a right to contribution and indemnity from another tortfeaor who has contributed to or contributed to damages? (Ontario, Canada)
Are contributions made towards an Individual Savings Plan during the marriage equalization of contributions made by the spouses of the children? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
What is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse? (Ontario, Canada)
Is a spouse's contribution to the operation of a business considered in the calculation of spousal support? (Ontario, Canada)
What are the factors used by the court to determine whether a spouse is entitled to occupation rent when they are no longer paying support? (Ontario, Canada)
What is the test for a spouse to contribute to their child's educational expenses? (Ontario, Canada)
What is the test for determining the appropriate level of support for a separated spouse? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.