What criteria must be met to determine that a plaintiff contributed substantially to the value of her partner's property?
Alberta, Canada
The following excerpt is from Lakusta v. Jones, 1997 CanLII 14903 (AB QB):
Over and above the criterion that the plaintiff’s contribution must be “sufficiently substantial and direct,” there must be a corresponding increase in value to the property. A “value survived” approach is to be applied in making this determination. This was described by McLachlin J. in Peter v. Beblow, supra at p. 344: Moreover, a ‘value survived’ approach arguably accords best with the expectations of most parties; it is more likely that a couple expects to share in the wealth generated from their partnership, rather than to receive compensation for the services performed during their relationship.
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