What is the test for a trial judge to find that parties have cohabited as "spouses" notwithstanding a lack of intermingling finances?
British Columbia, Canada
The following excerpt is from Austin v. Goerz, 2007 BCCA 586 (CanLII):
Yakiwchuk v. Oaks was followed in Ruskin v. Dewar, 2003 SKQB 514, 48 R.F.L. (5th) 123, varied 2005 SKCA 89, 23 R.F.L. (6th) 310. In that case, the trial judge found that the parties had cohabited as “spouses” notwithstanding a lack of intermingling of finances: paras. 36 - 40. This aspect of the decision was unanimously upheld on appeal: paras. 31, 32, 113, 114.
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