Canada Case Law

Capadouca v. Jarvis

Court

Supreme Court of British Columbia

The court found on the whole of the evidence that the parties separated well before April 2023 and that s.198(2)(b) therefore barred the claimant's Part 5 and Part 7 FLA claims; the term 'order' in s.198(2)(b) includes declaratory relief where the declaration is sought as or will be used as an enforceable remedy, so seeking declarations under Part 5 after the two-year period is barred; the claimant's unjust enrichment claim failed for lack of necessary evidence of deprivation or absence of juristic reason; accordingly the respondent's summary trial application was granted and the claimant's a…

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• Marriage-like relationship
• Separation
• Limitation period s.198(2)(b) fla
• Declaratory relief vs orders
• Unjust enrichment
• Summary trial suitability

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Burmania v. St. Germaine

Court

Supreme Court of British Columbia

On the evidence and weighing objective indicia and subjective intent, the claimant failed to prove on a balance of probabilities that the parties were in a marriage-like relationship for the necessary continuous two-year period; lack of mutual intention after August 2019, limited financial integration, impaired sexual/personal relations due to injury, and credibility issues (including the limited probative use of WCB records) together mean the relationship was not marriage-like as required by s.3 of the Family Law Act.

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• Marriage-like relationship
• Cohabitation
• Spousal status
• Hearsay/business records
• Credibility assessment

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Miller v. Richards

Court

Supreme Court of British Columbia

On the balance of probabilities the parties permanently separated in September 2021, so the claim filed December 22, 2023 was brought after the two‑year limitation period in FLA s.198 and must be dismissed; correspondence between counsel in Sept–Dec 2023 did not constitute active family dispute resolution to suspend the limitation period. Alternatively, if limitation does not bar the claim, claimant is entitled only to 50% of the condominium's increased value during 2012–2021 and all other family property division is refused because equal division would be contrary to the parties' legitimate…

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• Marriage-like relationship
• Date of separation
• Family dispute resolution
• Limitation period s.198
• Unequal division s.95
• Legitimate expectations

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Campbell v. Tsomo

Court

Supreme Court of British Columbia

On a holistic assessment of objective indicators and the parties' subjective intentions and credibility, the claimant failed to prove a continuous marriage-like relationship of at least two years; consequently the parties are not spouses for property division under Part 5 of the Family Law Act, the claimant's property and debt division claims are dismissed, the existing parenting regime is modified as set out, the respondent's income is imputed at $51,908 and the claimant's income is set at $74,737.85 leading to child support of $1,160 per month (with retroactive entitlement to February 1, 20…

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• Marriage-like relationship
• Cohabitation
• Spousal status under the family law act
• Parenting time and decision-making
• Imputation of income
• Credibility and evidence assessment

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Clark v. Matossian Estate

Court

British Columbia Court of Appeal

The trial judge correctly applied the governing legal test for a marriage-like relationship under WESA, properly considered the parties' intentions (using Mr. Matossian's affidavit and corroborative evidence) and the objective indicia (exclusivity, daily routines, long duration, shared vacations, social perception), and her factual findings were open on the evidence; therefore the Court of Appeal dismissed the appeal and affirmed the finding that the parties were spouses under s.2(1)(b) of WESA.

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• Intestacy
• Definition of spouse
• Marriage-like relationship
• Evidentiary assessment of intention and objective indicia

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Ganjian v. Roberts

Court

Supreme Court of British Columbia

The court dismissed a Family Law Act claim, finding the parties did not live together continuously for two years and, alternatively, were not in a marriage-like relationship.

• Spousal status
• Cohabitation
• Marriage-like relationship
• Spousal support
• Property division
• Costs

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Riou v. Marshall

Court

Supreme Court of British Columbia

The court found the parties were spouses in a marriage-like relationship from November 19, 2015 to March 15, 2021, and ordered support and unequal property division.

• Marriage-like relationship
• Separation date
• Valuation date
• Excluded property
• Significant unfairness under s.95
• Spousal support compensatory and non-compensatory

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Clark v. Matossian Estate

Court

British Columbia Court of Appeal

Court of Appeal dismissed an application for security for trial costs and granted extensions of time to file the transcript and factum.

• Security for costs
• Extension of time
• Marriage-like relationship
• Assessment of costs
• Interests of justice
• Costs assessment and enforcement

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Chan v. Tran

Court

Supreme Court of British Columbia

The court found the parties were not spouses under the Family Law Act, ordered an accounting over the MacPherson Property, and addressed the engagement ring.

• Marriage-like relationship
• Cohabitation
• Resulting trust
• Express trust
• Engagement ring conditional gift
• Accounting

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Lister v. Bal

Court

Supreme Court of British Columbia

The court found the parties were never spouses under the Family Law Act because their marriage-like relationship did not continue for two uninterrupted years.

• Spousal status
• Marriage-like relationship
• Cohabitation
• Separation
• Reconciliation (s.83 fla)
• Credibility assessment

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