What is the value of a constructive trust in a property owned by the other party?
British Columbia, Canada
The following excerpt is from J.A.B. v. H.W.C., 2008 BCSC 644 (CanLII):
The value of the constructive trust is to be determined on the basis of the actual value of the shared property and the portion of the value of that property that is attributable to the claimant’s efforts. The extent of the trust reflects the court's best estimate of what is fair having regard to the contribution that the claimant's services have made to the value surviving, bearing in mind the practical difficulty of calculating with mathematical precision the value of particular contributions to the family property: Peter v. Beblow at 997-999.
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