Is a common-law relationship that extended over a long-term common law relationship valid?
British Columbia, Canada
The following excerpt is from Eisener v. Baker, 2007 BCSC 83 (CanLII):
Another relevant case is Thompson v. Floyd (2001), 86 B.C.L.R. (3d) 56, 2001 BCCA 78. That case involved a common-law relationship that extended over a number of years. For health reasons, the plaintiff left the parties’ home and moved in with her family, although she continued regular communication and visits with the defendant. Despite the fact that the parties were physically separated, McEachern C.J.B.C. held that the trial judge had not erred in concluding that the marriage-like relationship continued, at least until the last time the couple had sexual relations. He noted that it was significant that neither party made a direct statement that they regarded the relationship to be over until the parties began discussing the sale of their home, a few months before the action was commenced (at ¶32).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a common-law spousal relationship ends in a common law relationship? (British Columbia, Canada)
Is a strata corporation's bylaw 45.16 valid to govern the use of common property valid? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
Does the term “common-law” in paragraph 3 of the Marriage Agreement apply to a common-law relationship? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
Is there any common law common law actions that may arise from the breakdown of a relationship? (British Columbia, Canada)
Is a common law agreement valid as a matter of common law? (British Columbia, Canada)
