What are the factors that determine whether a plaintiff has to prove that there was cohabitation over a period of time?
Ontario, Canada
The following excerpt is from Yonathan v Matrook, 2015 ONSC 1984 (CanLII):
This analysis is fact driven and the significance of each of these factors will depend on the circumstances of each case: Molodowich, paragraph 16. The onus is on the applicant to prove that there was cohabitation over the requisite period of time and any interruptions were not intended by the parties to be permanent: Boothe v. Gore [1996] O.J. No. 4376 paragraphs 12 and 13.
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