Does the date of separation in a personal injury action have to be determined by the date in which both parties' pleadings state that they separated on April 15, 2013?
British Columbia, Canada
The following excerpt is from T.R. v. D.R., 2014 BCSC 1027 (CanLII):
T.R.’s counsel argued vigorously that both parties’ pleadings state that they separated on April 15, 2013, and that somehow the court should be bound by this allegation. I found that the evidence did not conform with this allegation. It is open to the court to find that the date of separation was not the date alleged by either party: Armani v. Lovin, 2009 BCSC 208 at paras. 37-43.
D.R. swore an affidavit on March 10, 2014, that he and T.R. have not reconciled their marriage and there is no possibility of reconciliation between them. In Aquilini v. Aquilini, 2013 BCSC 217, at para. 53, the court found that only one party need confirm the fact, with sworn evidence, in order to establish marriage breakdown and to put the court in a position to grant a divorce.
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