What are the factors used by the courts to determine whether parties are living as husband and wife?

Newfoundland and Labrador, Canada


The following excerpt is from Candow v. Candow Estate, 2018 NLSC 67 (CanLII):

The case of Rosseter v. Rosseter, 2013 ONSC 779, also identified a list of factors considered useful in determining when a separation has occurred for purpose of determining the valuation date under the Ontario legislation. Again, this is different legislation for different purpose than this case but is of some assistance in identifying the type of conduct and evidence that courts can consider in assessing whether parties are residing as husband and wife. The Rosseter list includes: whether they maintain separate residences and if so, why; eating meals together; performing services for one another; attending social functions together; celebrating special occasions together; helping each other during difficult times; vacationing together; sexual intercourse; fidelity to one another; financial support; shared use of assets; behaviors towards one another in the presence of third parties; how the parties refer to themselves in documents and steps taken to terminate the marriage. The Candows’ Relationship during their time together in Deep Bight

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