Does the presumptive nature of the marital property legislation apply to the provability of the family property claim in bankruptcy?

New Brunswick, Canada


The following excerpt is from Gaunce v Gaunce, 2018 NBQB 40 (CanLII):

But, the presumptive nature of the marital property legislation is not the only factor that informs whether or not a claim is “not too uncertain” to be provable in bankruptcy. The circumstances of the case are also relevant. Or, as put in another case: The only other qualifier that could be applied to the provability of the family property claim relates to the possibility that judicial discretion might be exercised in such a way that the claim’s value cannot be fully determined without a trial. … (Shirkie v. Shirkie, supra at para. 27)

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