What is the test for an automatic finding of deprivation in a disability claim?
British Columbia, Canada
The following excerpt is from Kerr v. Baranow, 2007 BCSC 1863 (CanLII):
In Kauwell v. Melnyk, 2007 BCSC 485, 156 A.C.W.S. (3d) 151 [Melnyk cited to BCSC], Shabbits J. reviewed the law in British Columbia with regard to the application of an automatic finding of corresponding deprivation. He adopted the reasoning of Ballance J. in Massincaud and held at para. 97 that: If a deprivation is not presumed from a finding of enrichment, in order to determine whether a deprivation exists the court must look at direct and indirect contributions of the claimant and the effect that those contributions have had on her career, training, opportunities to earn income, and whether she has forgone remuneration for the services provided.
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