What is the test for a division of assets?
British Columbia, Canada
The following excerpt is from Vellow v. Vellow, 1996 CanLII 3293 (BC CA):
51 Counsel refers to Clarke v. Clarke, [1970] 2 S.C.R. 795 and says what is involved here is a simple matter of accounting. Reference is made to the judgment of Wilson J. in Clarke where she said at pp. 832-3: Second, it is clear that when a court does order a division of assets, equal or otherwise, it is not necessarily dealing with the assets in specie. The process of ordering a division of assets is in the nature of an accounting. The court does not order that the pension be divided, but rather that each partner to the marriage should share in the value of the assets accumulated during the union.
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