What is the test for entitlement to a pension in a long-term common law relationship?
British Columbia, Canada
The following excerpt is from Moyles v. McCann, 2007 BCSC 744 (CanLII):
The plaintiff relies on several decisions of various courts in which pension entitlement is found. The overwhelming majority are, however, cases in which either the parties were lengthy marriages and expectations were clearly created as to retirement pension entitlement; or in lengthy common law relationships where there is more than one specific indication of an intention or expectation that the parties would share in each others pensions (see Green v. Melynyk, [1998] B.C.J. No. 1466, para. 52; and E.K.G.D. v. L.W.P., [2006] B.C.J. No. 3002, at para. 41).
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