When a committed marriage-like relationship between the parties was at an end by April 1, 2005, when the parties ceased living together under the same roof?
British Columbia, Canada
The following excerpt is from Drake v. Fox, 2008 BCSC 574 (CanLII):
I have no difficulty in concluding that the committed marriage‑like relationship enjoyed by the parties was at an end by April 1, 2005. Indeed, it likely ended several months before that. In that regard, I agree with Joyce J.’s comments in D.L.M v. R.E.G., 2004 BCSC 364, when he said at para. 68: I am of the opinion that the legislature intended the one year period to commence when the persons ceased living together in a marriage-like relationship, not when they stopped residing under the same roof. In my view, living together must mean something more than sharing the same residence. It is the marriage-like relationship that gives rise to the statutory right to support. In my view, it must be the cessation of that relationship that starts the clock running.
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