What is the burden of proving a claim against the Respondent?

Because this is an application brought by the respondent, the respondent carries the burden of proving its claim and has failed to address the nature of the advances of funds by the respondent including funds advanced after separation. There was no mention of the doctrines of advancement or resulting trust, doctrines upon which the Act expands. Without being able to determine the state of the financial relationship between the parties with certainty, a consideration by the court of the factors set out in s. 96(b), as seen in cases such as Parton v. Parton, 2016 BCSC 1528, concerning the division of what may be excluded property and steps taken by a party to preserve such property after separation of the parties cannot be undertaken at this point.