ARTICLE · 02 FEBRUARY 2021

Climans v. Latner, 2020 ONCA 554 (CanLII)

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Spousal status carries enormous considerations in the context of wrongful deaths. This is because under s. 61 of the Family Law Act, damages are awarded to a spouse for housekeeping

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The fact that parties maintain separate residences does not prevent the finding of cohabitation.

Justice Karakatsanis writing in Campbell v. Szoke, 2003 CanLII 2291 (ON SC) at para 52.

Spousal status carries enormous considerations in the context of wrongful deaths. This is because under s. 61 of the Family Law Act, damages are awarded to a spouse for housekeeping and for the loss of guidance, care, and companionship resulting from the death of the other spouse.

The Court of Appeal for Ontario in Climans v. Latner, 2020 ONCA 554 (CanLII) recently confirmed that partners in a committed relationship can still be considered spouses under FLA s. 29 even though they maintain separate households throughout the entire relationship.

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