How does the court apportion funds in a disability exclusion where there are mixed funds?
Ontario, Canada
The following excerpt is from Farmer v. Farmer, 2021 ONSC 5913 (CanLII):
Where the evidence consists of mixed funds, as Minnema J. said in Finch v. Finch, it will generally be appropriate to apportion the exclusion. However, where some documentary evidence is lacking, but where the totality of the record still supports an exclusion, the “common sense” approach is helpful.
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