Does the fact that the parties had two separate residences from 2002 to 2005 preclude a finding that they were in a marriage-like relationship?

British Columbia, Canada


The following excerpt is from Campbell v. Campbell, 2011 BCSC 1491 (CanLII):

Notwithstanding the Defendant’s position, in my view, the fact that the parties had two separate residences from 2002 to 2005 does not preclude a finding that they were in a marriage-like relationship. Our Court of Appeal in Roach v. Dutra, 2010 BCCA 264, 5 B.C.L.R. (5th) 95 [Roach], recently dealt with this issue, and held that living in the same residence is not a prerequisite to be considered living in a marriage-like relationship.

Other Questions


Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
When Baljit Singh swore his affidavit that the parties were not separated when Baljinder swore his May 4, 2015 affidavit, does he have to prove that they were separated? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the date of separation in a personal injury action have to be determined by the date in which both parties' pleadings state that they separated on April 15, 2013? (British Columbia, Canada)
Can a third party resident of another province resident in another province be ordered to produce his or her records to a litigant? (British Columbia, Canada)
When a committed marriage-like relationship between the parties was at an end by April 1, 2005, when the parties ceased living together under the same roof? (British Columbia, Canada)
Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
Where the shared intention of the parties ended at the moment of a break-up and the child was habitually resident at the time of separation, what is the test for retaining the child under the Convention of Human Rights? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.