Is a father entitled to spousal support for his former wife who is living in a common law relationship?

I am not unmindful of the father’s discomfort in providing spousal support to a former wife who is living in a common law relationship. However, that fact alone does not disentitle a former spouse to spousal support. The gross repudiation of the marital relationship argument that has been relied upon by the father to terminate spousal support has its genesis in section s. 33 of the Family Law Act, which provides that “a court may have regard to a course of conduct that is so unconscionable as to constitute an obvious and gross repudiation of the relationship”. Counsel for the father relied on Mills v. Mills, [1992] O.J. No. 1809 where Granger J. held that a common law relationship was so unconscionable as to constitute an obvious and gross repudiation of the relationship and that such conduct should be reflected in the amount of support which is awarded.