What is the test for whether a couple have cohabited continuously?
Ontario, Canada
The following excerpt is from Myrvold v. Johnston, 2011 ONSC 830 (CanLII):
In McEachern v. Fry Estate, [1993] O.J. No. 1731, Sheppard J. quoted the statements of Kurisko J. in Molodowich, and commented in para. 21: Whether or not a couple have cohabited continuously, is both a subjective and an objective test. What was the intention of the parties as gleaned from the facts and how were they regarded by others? Intention of the parties is important.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a married couple who were not married until after the date of solemnization lived together and cohabited as a husband and wife? (Ontario, Canada)
Does the activity of an agent have to be considered when determining whether a right of way has been continuous, uninterrupted, open and peaceful? (Ontario, Canada)
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case? (Ontario, Canada)
Can a party who entered into a will and continues to hold and continue as a devisee for life under a will that the testator seized? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
Is there any case law where a trial judge preferred the recollection of a patient to that of a doctor as to whether the doctor had told the patient about a risk of continuing incontinence after a proposed surgery? (Ontario, Canada)
What is the onus and evidentiary burden of a judge in determining whether a child over the age of majority should continue to receive child support? (Ontario, Canada)
What decisions have been considered in determining whether a policy is an income continuation benefit plan? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
