What is the test for valuing an asset as of the date of separation?

Manitoba, Canada


The following excerpt is from B.J.S. v K.D.K., 2005 MBQB 119 (CanLII):

[9] The task of the court is to assess the value of the asset as of the date of separation and not as of a later date. This principle was clearly enunciated by Twaddle J. A. in Lamont-Daneault v. Daneault 2003 MBCA 111 at para. 40: “The assets to be taken into account are those owned by a spouse on the date of separation. They are also to be valued as of that date. A spouse is just as free to sell or dispose of an asset after separation as he or she was before. This ensures that the owner of the asset can make decisions which are designed to minimize losses and maximize gains without having to account to the other spouse for his or her handling of the assets.”

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