When Baljit Singh swore his affidavit that the parties were not separated when Baljinder swore his May 4, 2015 affidavit, does he have to prove that they were separated?
British Columbia, Canada
The following excerpt is from Kaur v Virk, 2022 BCSC 173 (CanLII):
The parties were not separated when Baljinder swore his May 4, 2015 affidavit. I accept Baljit’s evidence about the parties’ conduct and activities between 2012 and October 2015. Throughout that period and at the time of the May 4, 2015 affidavit in particular, they lived together and the generally accepted characteristics of marriage were evident in their relationship: Nearing v. Sauer, 2015 BCSC 58 at para. 56.
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