What is the value of Ms Thomas’ interest in assets held by her employer under her employment contract?

The value of Ms Thomas’ interest in these assets is directly related to the extent of her contributions. As noted by McLachlin J. in Peter at ¶29: From the point of view of doctrine, “[t]he extent of the interest must be proportionate to the contribution” to the property: Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834] at p. 852. How is the contribution to the property to be determined? One starts, of necessity, by defining the property. One goes on to determine what portion of that property is attributable to the claimant’s efforts. This is the “value survived” approach. For a monetary award, the “value received” approach is appropriate; the value conferred on the property one must of necessity, it seems to me, determine what portion of the value of the property claimed is attributable to the claimant’s services.