MARITAL OR FAMILY PROPERTY - Application of the legislation - Common law partners

Law360 Canada (July 18, 2022, 9:11 AM EDT) -- Determination of the date when the parties separated. The parties met in September 2010. At that time, Gupta was a single mother with two children from a previous marriage. She was on income assistance and Kumar was, and continued to be, a bus driver. The parties agreed they started living together in a marriage-like relationship in October 2010. They had one child. The parties separated in September 2016, while Kumar testified they separated in February 2013. It was not disputed that Gupta moved out of the family home in February 2013. What was disputed was whether the parties’ marriage-like relationship continued after their physical separation, until September 2016. Gupta filed her Notice of Family Claim in May 2018. Accordingly, the date of separation informed the applicability of the two-year limitation period in the Family Law Act, which could bar Gupta’s claim to family property and limit her entitlement to spousal support....
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