What is the test for a "marital relationship" between a man and a woman?

British Columbia, Canada


The following excerpt is from Pastor v. Klusiewich, 2016 BCSC 139 (CanLII):

Although the parties were living in the same basement suite in 2005 and early 2006, I am not satisfied they had yet formed a “marriage-like relationship”. In Austin v. Goerz, 2007 BCCA 586 at para. 58 Frankel J.A. wrote the following:

It is understandable that the presence or absence of any particular factor cannot be determinative of whether a relationship is marriage-like. This is because equally there is no checklist of characteristics that will invariably be found in all marriages. In this regard I respectfully agree with the following from the judgment of Ryan-Froslie J. in Yakiwchuk v. Oaks, 2003 SKQB 124:

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