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The claimant's claim for spousal status was utterly without merit and constituted an attempt to coerce the respondent and continue family/intimate partner violence; the claimant's conduct was reprehensible and justifies an award of special costs to the respondent.
Source excerpt
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.
Source excerpt
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.
On costs after trial, the court denied costs to Tien Dung Tran for deliberate untruthful evidence and awarded the respondents by counterclaim double costs from March 13, 2025.
The court awarded the respondent double costs from the date of a settlement offer, finding the offer reasonable, timely and one the claimant should have accepted.
Interim possession of a dog was refused under the Family Law Act. The court found a prima facie spousal case and jurisdiction, but the factors favoured the respondent.
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.
The court found the parties were not spouses under the Family Law Act because their marriage-like relationship did not continue for two years.
The court dismissed a claim for spousal status under the Family Law Act, finding the parties never lived together in a marriage-like relationship for two continuous years and cancelling the CPL.
The court dismissed a jurisdictional strike application, finding the claimant had a good arguable case that she was a spouse and separated before the deceased's death.
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