Same Sex Marriage Like Relationships

Chowdhury v Argenti Estate 2007 BCSC 1207 Dealt with an estate dispute involving whether or not the claimant was a spouse in a same sex marriage like relationship with the deceased.

There are many cases on the requirements in terms of a guideline of whether or not unmarried couples are living together as spouses in a same sex relationship.

One of the requirements for a opposite sex couple is that they are recognized in the community as a couple.

In the Chowdhury decision, the court relaxed the standards of being ” recognized in the community as a couple”, and stated that same sex couples should not be imposed with that requirement, recognizing that while the Canadian government has recognized the right of same sex couples to marry, and to enjoy the benefits and rights accorded to opposite sex couples, not all of society approves of, or recognizes, same-sex relationships, and in some communities openly gay people may be subjected to prejudice and vilification.

The court concluded there are obvious reasons, unique to same sex couples, for keeping a close, loving marriage like relationship a secret from their employers, family and friends.

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