What is the test for establishing that a claimant has been deprived of a portion of their income for the past 10 years?
British Columbia, Canada
The following excerpt is from P.N.K. v. C.L., 2013 BCSC 1856 (CanLII):
The claimant must also establish that there was a causal connection between the deprivation and the enrichment. The claimant must have made a contribution to the respondent’s benefit that is “sufficiently substantial”. A “minor or indirect contribution” is not sufficient (Peter at 997). If a substantial and direct contribution is established the extent of the claimant’s interest is proportionate to their contribution (Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at 852-53).
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