What is the test for establishing that the parties lived together as husband and wife?
British Columbia, Canada
The following excerpt is from Cochran v. Liddle, 2006 BCSC 250 (CanLII):
Applying the test enunciated in Gostlin v. Kergin and recalling the fact that the onus is on the applicant to show that the parties lived together as husband and wife, there are a number of factors which indicate that is not the case here. The parties maintained separate finances throughout with one small exception, the defendant loaned funds to the plaintiff which were repaid, and they filed separate tax returns not claiming the other as a dependant.
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