Is it possible for a husband and wife to live separate and apart?
Canada (Federal), Canada
The following excerpt is from Bellavance v. The Queen, 2004 TCC 5 (CanLII):
In Kelner v. Canada, [1995] T.C.J. No. 1130 (Q.L.), Bowman J. (now Associate Chief Justice), determined that it was possible for spouses to live separate and apart while living under the same roof. He added that this is an unassailable proposition as a matter of law, but as a matter of fact in any given case the evidence should be convincing.
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