What authorities have been used to determine the division of assets between the parties in a long-term marriage?

The plaintiff refers to a number of authorities including the following: Desjardins v. Desjardins (1998), B.C.J. No. 1173 Burnyeat J. (B.C.S.C.). In this case the court was dealing with a four year marriage where the parties had unequal assets at the beginning of the marriage. The court dealt with each asset on an individual basis and reapportioned because of the short duration of the marriage and the substantial difference between what each of the parties brought into the marriage. The court actually dealt with contributions to each of the various assets and divided on that basis.

Duncan v. Duncan (1984), 1984 CanLII 352 (BC CA), 42 R.F.L. (2d) 66 (B.C.C.A.). This involved a four year marriage where both parties worked and shared the household expenses equally. They acquired a home and a vehicle but substantially with funds inherited by the husband. The court divided the assets on an 80%/20% basis in favour of the husband.

Jensen v. Jensen (1994), B.C.J. No. 2603. This was a 2 ½ year marriage where the husband owned all of the assets in dispute prior to the marriage or acquired them entirely with monies belonging to him prior to the marriage. The wife had contributed some small amount of money for redecorating and renovations of one of the properties. The significant assets were divided 90% in favour of the husband and 10% in favour of the wife.

Zaurrini v. Zaurrini (1981), 1981 CanLII 484 (BC CA), 33 B.C.L.R. 15 (B.C.C.A.). This involved a four year marriage where the substantial portion of the assets were brought into the marriage by the husband. The wife’s share of the assets was limited to 15%.