What is the legal test for establishing a claim to excluded property under s. 85 of the Family Law Act?

British Columbia, Canada


The following excerpt is from Greenwood v Greenwood, 2019 BCSC 382 (CanLII):

The legal test for establishing a claim to excluded property under s. 85 of the Family Law Act is stated in Shih v. Shih, 2017 BCCA 37. The onus is on the person claiming the excluded property to establish the exclusion on a balance of probabilities with clear and cogent evidence.

Other Questions


What is the preponderance of evidence supporting the respondent's claim that his interest in the Mazraa Property constitutes excluded property? (British Columbia, Canada)
What is the test for establishing that property is excluded property? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the test for establishing a claim for excluded property? (British Columbia, Canada)
What is the burden of establishing a family debt and that it was either incurred during or to preserve family property? (British Columbia, Canada)
Can a disproportionate contribution by one party to a family property be sufficient to meet the threshold test for significant unfairness for dividing excluded property? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for establishing strict liability in the context of a property owner's claim in Rylands v Fletcher v Fletcher? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.