What is the test for a "thoughtful guest" to receive a benefit for providing time, effort and/or contribution to the maintenance and improvement of a property?
Alberta, Canada
The following excerpt is from Brick v Cross, 2014 ABQB 35 (CanLII):
The benefit must be more than what would be expected of a “thoughtful guest”: Rubin v. Gendemann, 2011 ABQB 71 at para 130, 507 AR 215, aff’d 2012 ABCA at para 18. Unpaid labor and effort put into maintenance or improvement of a property ("sweat equity") confers a benefit, as do other domestic contributions during a relationship which indirectly allow the defendant to allocate time and resources to income generating activities.
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