Common Law Spouse Claims

When Does a Marriage -Like Relationship Begin

In order to determine what property constitutes family property the court must first decide when the parties’ marriage like relationship began. Section 3 of the FLA sets out when a
Wife Substituted as Executor- Courts Declaratory Powers

Wife Substituted as Executor: Courts Declaratory Powers

Re Rattray estate 2019 BC SC 1611 used the courts inherent jurisdiction to provide declaratory relief in the for of directions in substituting a former common-law spouse as an alternate
Marriage Annulment For Non-Consummation

Marriage Annulment For Non-Consummation

An Ontario decision Razavian v Tajik 2019 BCSC 5662 granted an annulment of a marriage by reason of a bride’s refusal to have sex with her new husband due to
Profanity Doesn't Terminate Marriage Like Relationship

Profanity Doesn’t Terminate Marriage Like Relationship

Re Landriault Estate 2019 BCSC 1089 held that one party calling the other a profanity was insufficient to terminate a long-standing marriage like relationship. The deceased died intestate and three
“Marriage-Like" Relationship Criteria

“Marriage-Like” Relationship Criteria

DN V MR 2019 BCSC 53 is another decision that explores the various criteria a court will examine in determining whether a couple has lived in a marriage like relationship
Termination of a Marriage-Like Relationship

Termination of a Marriage-Like Relationship

The BC Court of Appeal in Robeldano v Queano 2019 BCCA 150 reviewed the law as to when a person in a marriage like relationship ceases to be when either
Marriage-Like Relationships: Are You Considered Their Spouse?

Marriage-Like Relationships: Are You a Spouse?

Robledano v Queano 2019 BCCA 150 clarified the law with respect to the definition of spouse after two years living together in a marriage like relationship by stating that there
Spouse: Two Year Marriage-Like Relationship

Spouse: Two Year Marriage-Like Relationship

Robledano v Queano 2019 BCCA 150 clarified the law with respect to the definition of spouse after two years living together in a marriage like relationship by stating that there

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
Deceit, Unjust Enrichment and the "Sugar Daddy"

Deceit, Unjust Enrichment and the “Sugar Daddy”

Norkum v Fletcher 2018 BCSC 904 involved as a backdrop to the litigation sex for pay, opportunism, deceit and false expectations. The proceeding arose out of an 8 ½ year