What is the test for determining the value of equity between a plaintiff and her partner?
British Columbia, Canada
The following excerpt is from Cowper-Smith v. Morgan, 2015 BCSC 1170 (CanLII):
The court referred to the decision of Jennings v. Rice, [2002] EWCA CIV 159. In that decision, Lord Justice Aldous included, at para. 36: The value of that equity will depend upon all the circumstances including the expectation and the detriment. The task of the court is to do justice. The most essential requirement is that there must be proportionality between the expectation and detriment.
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