What is the test for establishing a "factual connection" between a business partner and the acquisition of a property?
Alberta, Canada
The following excerpt is from Brookfield Bridge Lending Fund Inc. v. Karl Oil and Gas Ltd., 2009 ABCA 99 (CanLII):
While I agree that a “factual connection” is required, I question whether the presence or absence of a “factual” or “clear connection” - a question of fact - is reviewable on appeal. I acknowledge the admonition that it may be necessary and appropriate to scrutinize closely the contributions of business partners to the acquisition of property (per Dickson C.J. in Sorochan v. Sorochan, 1986 CanLII 23 (SCC), [1986] 2 S.C.R. 38 at para. 22). It does not follow, however, that something more than a factual connection (or, as Dickson C.J. put it, “some reasonable connection) between the breach and the assets in question made out to the satisfaction of the trier of fact is required.
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