What is the onus of a plaintiff to prove that she would have acquired employment advantages if she had not been a primary carer?
British Columbia, Canada
The following excerpt is from J.A.C. v. R.D.C., 2003 BCSC 423 (CanLII):
In order to meet this onus and to answer these questions, the plaintiff must establish an evidential basis for compensation based upon the particular facts here. I accept the reasoning of Taylor, J.A. in Toth v. Toth, supra, at para. 39 that only if the plaintiff can establish that, but for her burden of domestic responsibility, she would have acquired employment advantages no longer available, is this a factor to be considered in the apportionment of family assets. Once considered, the apportionment must still be fair to both parties. I also note that as stated in Toth v. Toth, supra, it is not in all cases of an unequal sharing of childrearing and household responsibility that a compensatory re-allocation of family assets is required.
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