In what circumstances will a court order that a spouse's allocation of pre-tax corporate income between family purposes be assessed for fairness by an impartial tribunal?
British Columbia, Canada
The following excerpt is from Swallow v. De Lara, 2009 BCSC 911 (CanLII):
In Kowalewich v. Kowalewich, 2001 BCCA 450, the court stated at para. 44: A court's effort to ensure fairness does not require a court to second-guess business decisions.... What it does require is that a spouse’s allocation of pre-tax corporate income between business and family purposes be assessed for fairness by an impartial tribunal when parents cannot reach agreement on priorities as they would in an intact family and may upon separation under s. 15(2).
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