What is the test for determining whether a spouse is in breach of their matrimonial obligation?

Ontario, Canada


The following excerpt is from O’Brien v. O’Brien, 2013 ONSC 5750 (CanLII):

In making this determination, Weiler J. examined the various criteria which would indicate a separation; these were summarized well by J.E. Kelly J. in Lamantia v. Solarino, [2010] O.J. No 2113 (S.C.): (a) physical separation often indicated by the spouses occupying separate bedrooms; (b) a withdrawal of one or both of the spouses from the matrimonial obligation with the intent of destroying the matrimonial consortium; (c) the absence of sexual relations (which is not conclusive but a factor to be considered); (d) the discussion of family problems and communication between the parties; (e) the presence or absence of joint social activities; (f) the meal pattern; and (g) the performance of household tasks.

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