A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning
Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary. For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences. The resulting implications extend beyond Ontario’s family law regime to wills and estates law. On death, while the concept of spousal….