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The court found a continuous marriage-like relationship, ordered child support from the respondent as a stepparent, and held the lake house was family property.
Family property division dispute under the Family Law Act. The court valued property at the hearing date, reapportioned Raven Drive 100% to the claimant, and ordered a $535 equalization payment.
The court dismissed a family-law claim, finding the claimant failed to prove the parties cohabited continuously for two years in a marriage-like relationship.
On the balance of probabilities the court found no common-law relationship: the respondent was more credible; the parties maintained separate residences and finances; there was lack of permanency and commitment; objective indicia of cohabitation (shared household, shared assets, presenting as a couple) were absent; engagement and renovations were insufficient to establish common-law status.
Source excerpt
The court found a material change in circumstances: Respondent's cohabitation materially reduced her need and Applicant lacked ability to pay; re‑partnering alone does not automatically terminate support but, on the evidence, continued support was no longer warranted. Accordingly the 2012 spousal support order was varied to cease effective December 1, 2018.
Source excerpt
The court dismissed the claimant’s spousal support application but enforced an earlier order dividing the ManuLife annuity and awarded her one-half plus interest.
The court held the claimant did not prove she was a spouse under s. 3 of the Family Law Act because the parties did not cohabit in a marriage-like relationship for two continuous years.
La Cour statue sur la division du patrimoine familial après la fin d’une union de fait, retient une date de séparation, reconnaît une exclusion partielle de 9808 et réapprête JHM à l’intimé.
Family support variation case: spousal support was reduced, child support increased retroactively, and vague extracurricular expense language was replaced with s. 7 Guidelines wording.
The court held the parties were not spouses, dismissed the spousal support and unjust enrichment claims, and left an earlier personal property order in place.
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