I do not agree with this characterization of the proposed claims. Not all common law actions that may arise from the breakdown of a relationship have been abolished. For example, though claims for damages for breach of promise to marry have been abolished, restitutionary claims for the return of property given or exchanged on the basis of mutual promises to marry may still be allowed: see, for example, Zimmerman v. Lazare, 2007 BCSC 626. I am not prepared to dismiss the balance of the plaintiff's application on the basis that a claim framed in deceit is bound to fail. Furthermore, it would seem to me that if, as the plaintiff now contends, there never was a mutual intention to marry or become spouses – if the relationship was a sham from the start – it cannot be the case that statutory reform of family law would bar a properly framed claim in deceit, as between parties who never resided together as spouses.
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