How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets?
British Columbia, Canada
The following excerpt is from Kuhberg v. Hall, 2015 BCSC 2230 (CanLII):
In Nearing v. Sauer, 2015 BCSC 58, Madam Justice Fleming described the approach for considering each spouses’ contribution in these terms at para. 141: Section 95(2) does not appear to allow for the wide ranging examination of each spouse’s contribution to the accumulation of family assets and their respective capacities that occurred pursuant to s. 65(1)(f). Instead the court may consider a spouse’s contribution to the career or career potential of the other spouse under s. 95(2)(c) or a spouse’s detrimental impact on to the value of family property or potential family property under s. 95(2)(g) which appears focused on the spouse’s direct actions vis-à-vis the value of family property. I interpret the words “spouse’s contribution” in s. 95(2)(c) as including the full spectrum of all levels of contribution from one spouse negatively impacting on the other spouse’s career to greatly enhancing the career or career potential of the other spouse.
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