What is the test for the Chunha presumption?
British Columbia, Canada
The following excerpt is from Lam v. Chiu, 2008 BCSC 1177 (CanLII):
In Eng v. Eng, [1998] B.C.J. No. 2874 Humphries J. (at para. 31) held that Chunha should only be applied when “there is a strong evidentiary basis for the proposition that one of the parties has hidden assets”. In Eng, the court commented that in order for the Chunha presumption to apply “the court must be persuaded that assets are not fully disclosed” (at paras. 44 and 45).
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