This paper explores how existing Matrimonial Property Act section 8 requirements to divide property in a “just and equitable” manner have been addressed in several major cases from 2018 and 2019.

The paper also includes a review of section 8 amendments in the new Family Property Act, in effect January 1, 2020, and speculates on what will need to be considered by the courts and practitioners moving forward as case law continues to evolve.

This paper is part of a collection presented at LESA’s Family Property Act program in Calgary on November 13, 2019 and in Edmonton on November 22, 2019.