What is the test for an adequate, just and equitable claim?
British Columbia, Canada
The following excerpt is from Green v. Hendershot, 2000 BCSC 129 (CanLII):
Tataryn v. Tataryn, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807, as noted in Clucas, is the leading authority. At para. 28, McLachlin J. held: If the phrase “adequate, just and equitable” is viewed in light of current societal norms, much of the uncertainty disappears. Furthermore, two sorts of norms are available and both must be addressed. The first are the obligations which the law would impose on a person during his or her life were the question of provision for the claimant to arise. These might be described as legal obligations. The second type of norms are found in society’s reasonable expectations of what a judicious person would do in the circumstances, by reference to contemporary community standards. These might be called moral obligations…
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