Is common law spouses exempt from the spousal incompetency rule?
Ontario, Canada
The following excerpt is from R. v. Nguyen, 2015 ONCA 278 (CanLII):
Further, the exclusion of common-law spouses from the ambit of the spousal incompetency rule is a distinction based on marital status, an analogous ground of discrimination under s. 15(1) of the Charter: Miron v. Trudel, 1995 CanLII 97 (SCC), [1995] 2 S.C.R. 418.
"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
Does the spousal incompetency rule apply to common-law spouses? (Ontario, Canada)
Does a common-law spouse’s competence to testify protect the common law spouse's testimony? (Ontario, Canada)
In what circumstances will a judge order an order under Rule 31.03(2) of the Rules 31.10(1) and Rule 30.10? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
What is the test for retaining a spouse's interest in a property where one spouse prejudices herself in the reasonable expectation of receiving the property from the other spouse? (Ontario, Canada)
What is the impact of the spousal incompetency rule on the claimant group? (Ontario, Canada)
What is the obligation of each spouse to support the other spouse in common law? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
How have common-law spouses been excluded from the presumptive common law protections? (Ontario, Canada)
