What is the "value survived" approach to determining equitable trust?

Ontario, Canada


The following excerpt is from Merry v. Wright, 2003 CanLII 2331 (ON SC):

In Peter v. Beblow it was noted that the “ “value survived” approach arguably accords best with the expectations of most parties; it is more likely that a couple expects to share in the wealth generated from their partnership, rather that to receive compensation for the services performed during the relationship”: at para. 30. That is usually a factor in determining that an equitable trust is the appropriate remedy but on the facts of this case the mathematical calculation would be exactly the same.

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