What is the test for determining whether a claim is for an interest in property is attributable to the service of the claimant?
British Columbia, Canada
The following excerpt is from L.B.M. v. L.E.F. et al, 2004 BCSC 709 (CanLII):
Where the claim is for an interest in property, one must determine what portion of the value of the property claimed is attributable to the claimant’s service: Peter v. Below at p. 344.
Normally, in determining the “value survived”, one calculates the amount by which the property claimed has increased in value during the parties’ relationship: Pickelein v. Gillmore.
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