What is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse?
Ontario, Canada
The following excerpt is from T.L.B.L. v. T.E.M., 2021 ONSC 8235 (CanLII):
Dickson J., in Pettkus v. Becker, at para. 41, explained the concept: 41 … As for the third requirement, I hold that where one person in a relationship tantamount to spouse prejudices herself in the reasonable expectation of receiving an interest in property and the other person in the relationship freely accepts benefits conferred by the first person in circumstances where he knows or ought to have known of that reasonable expectation, it would be unjust to allow the recipient of the benefit to retain it.
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