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The court held the parties had a marriage-like relationship but separated no later than October 24, 2016, so the FLA property, pension and support claims were time-barred.
The British Columbia Court of Appeal dismissed an appeal about letters of administration, holding the appellant did not prove a marriage-like relationship for the required two years under the Estate Administration Act.
The appeal is dismissed: the trial judge did not commit a palpable or overriding error in finding the parties were common-law spouses; any error in citing Divorce Act criteria rather than Family Law Act was not material because relevant factors were considered; imputation of income and the spousal support award (retroactive and ongoing, subject to review by Dec 31, 2025) were reasonable; no trial costs ordered.
Source excerpt
The court dismissed a post-trial application for double costs, finding the settlement offer was not unreasonable to reject and that double costs would be too punitive.
The court held Tracey Davidson was not Larry Jones’s common law spouse, revoked her letters of administration, and granted the estate administration to Eric Jones.
The Court of Appeal upheld a finding that the respondent was a common-law spouse under the Estate Administration Act, despite the deceased’s subsisting marriage and separate finances.
The court found a 43-year common law relationship and held the plaintiff had established unjust enrichment, granting a constructive trust over half the property and related estate cash.
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