₦airaland Forum

Unmarried Ontario couple had no children and no house but man must still pay support, appeal court rules

TORONTO — A wealthy businessman will have to pay more than $50,000 a month in spousal support for 10 years to a woman with whom he had a long-term romantic relationship even though they kept separate homes and had no children together, Ontario’s top court has ruled.

Under Ontario law, an unmarried couple are considered common-law spouses if they have cohabited — lived together in a conjugal relationship — continuously for at least three years. But that doesn’t necessarily mean living in the same home, the court found.

“Lack of a shared residence is not determinative of the issue of cohabitation,” the Appeal Court said. “There are many cases in which courts have found cohabitation where the parties stayed together only intermittently.”

The decision comes in the case of Lisa Climans and Michael Latner, both of Toronto, who began a romantic relationship after meeting in October 2001. At the time, she was 38 and separated with two children, court records show. He was 46 and divorced with three children.

Although they maintained their separate homes, Latner and Climans behaved as a couple both privately and publicly. They vacationed together. He gave her a 7.5-carat diamond ring and other jewelry that she wore. She quit her job and would regularly sleep at his house. They travelled together and talked about living together.

Latner proposed several times and Climans accepted. He often referred to her by his last name. However, he insisted she sign a marriage contract and came up with several drafts. She refused.

Throughout their relationship, the two kept separate bank accounts and never owned property in common. Nevertheless, Latner gave Climans thousands of dollars every month, a credit card, paid off her mortgage and showered her with expensive gifts. He provided her and her children with a “lavish lifestyle,” the court found.

“Theirs was a committed relationship,” the Appeal Court said.

When their 14-year relationship finally broke down in May 2015, Climans asked the courts to recognize her as Latner’s spouse and order him to pay her support. He argued she had been a travel companion and girlfriend, nothing more. As such, he said, they were never legally spouses and he owed no support. An eight-day trial ensued.

In her decision in February 2019, Superior Court Justice Sharon Shore sided with Climans. She ruled they were in fact long-time spouses, finding that despite their separate home, they lived under one roof at Latner’s cottage for part of the summer, and during winter vacations in Florida. Shore ordered him to pay her $53,077 monthly indefinitely.

The higher court leaned heavily on Shore’s analysis, finding she was right to conclude cohabitation can occur even when the parties stay together intermittently.

The Appeal Court did find Shore had made an error in deciding how long Latner would have to pay Climans support based on when they first began cohabiting. While Shore had found that to be almost from the get-go, the higher court said it wasn’t earlier than their first stay together at his cottage, meaning they didn’t reach the threshold for indefinite payments.

Instead, it ordered him to pay her support for 10 years.

Climans and her lawyers declined comment. Lawyers for Latner did not immediately respond to a request for comment.

mercy87:
What you call Abuja is called the City Centre.

Hope you know AMAC means Abuja Municipal Area Council. Any city within AMAC is Abuja including the City Centre which is Asokoro, Maitama and the rest. I work with the FCTA so I know.

chioma134:
Hope you know Lugbe is under AMAC(Abuja Municipal Area Council).
You're welcome.

unite4real:
that means Even Nnamdi Azikiwe International Airport is not Abuja since it is located after Lugbe and Kuje from the city centre

Openbusiness:
2017 tokunbo Corolla costs nothing less than N7.5m for accident free car. So they want someone to invest N7.5m to buy a Corolla for Uber and pick passenger from Lekki phase one to VI for N700 after spending 2 hours in traffic and hot sun, and the passenger will say Oga dis ur A/C is not blowing na, increase it to highest . He will spend N400 on fuel, Uber collects like N100, this useless agbero govt too will collect N100 and then the driver will be left with nothing. After 3 months the car will pack up cuz of the destructive roads and traffic. N7.5m gone down the drain. Only the most dumbest mumu in the world will invest in such a business. Even danfo buses dat are moving coffins with no a/c, no comfort, zero service, are more profitable than Uber.

Benbellamor:
unfortunately its the bitter truth.... I just moved to Abuja last year and I can't explain the freedom of time, value of money and rest of mind I am enjoying now compare to the Prison life we lived in ajah badore everyday traffic to CMS toll gates trafic plus bonny camp to idumota....everyday... It's Hell on earth without value to money. Lagos is too overhyped....it is an insult to mention Lagos and jo'borg in a sentence....

Kylekent59:
I can remember one nairalander saying that face mask doesn't do anything, and to my surprise he even said scientist claims mask doesn't prevent coronavirus. He had 300 likes.

This is to tell you the type of people we have on Nairaland.

You see, some people went to school and they became graduates, but don't have that thinking faculty to profer a solution when the need arises.


I also came about a thread where a guy was kinda seeking for people opinions on how to curtail the spread of COVID-19, but still the moods keep feeding us with Abba k.

We ain't ready to progress in this country. The governments ain't to be blamed.

knowyaself2:
Reusable and washable face masks will be okay for people that are not caring for covid 19 patients.

Seun:
I remember predicting that the reign of the Coronavirus would come to an end when people started wearing face masks. It is gradually coming to pass. The reason the entire world is in this mess is that the Asians, who produce most face-masks and other personal protection equipment, blocked their manufacturers from exporting them to the rest of the world because they knew that they would be needed to protect their people.

Instead of the West to respond by mobilizing their manufacturers to produce face-masks massively, so that they would be able to protect their people, they started a deceptive campaign to discourage people from using them. The campaign was so effective that people who wore face-masks were mocked and shamed by those who had been brainwashed. People who had face-masks were pressured into giving them away.

Now they grudgingly accept that face-masks are helpful but instead of producing adequate quantities of the quality face-masks that have been proven to be effective - the kind of masks that most Asians are wearing - they are asking people to use less effective home-made masks.

Alimzy20:
Beleive trump at your own risk

sotall:
The person who did the mathematics is mad!

Crude oil price crashed from $70 to $30.


That's more than 50% reduction.

Price of fuel was 145 naira....now it should be about 70 naira.



This government is scam

Kenneygirl:
I had headache trying to read this

Originalsly:
The U.S doctor working for Doctors Without Borders who contracted Ebola and was returned to the US for treatment.... his name was published nationwide... as well as photo.... in the US. That's how I knew he was one of my customers. Where he was being treated was also released. The media even camped outside his residence.... for dayssss. Is this law you talk about something new?
I don't think his name should be released... but it is not an offense if it is.

Ogegeodey:
Some states are never in the news at all

Kebbi
Jigawa &
Gombe

These ones exist low key

Slimtzy:
the only thing FFK knows is "who is your father",he asked Amaechi the same question years ago and even called Amaechi son of wine tapper but Amaechi put him to cleaner the same manner Prof Ishaq Akintola of MURIC humbled him.i never see a grown up man that only boast of his father's name but not his.i only pity gullible people that don't know history but are supporting him blindly.i still remembered how my father used to warn us in 80s not to be bastard like Fani kayode

YorubaLord:
Just imagine... and you expect Nigeria to be better.

Again, the biggest problem of Nigeria are Nigerians! Olofo!

Dulles25:
I know, and the affordable services from tailors, to salon( In one salon at the East Coast, I was told plaiting fee is 250 USD, what I do for 10 dollars, I almost turned back except for the fact that I needed to).

This is weird but I just got tired of speaking fluent English without a mix of Swahili as I had no East African around.

The little things!

Dulles25:
The last paragraph got me laughing.
When I travelled abroad, I was impressed by how efficient the public offices were and the system. This was until I needed a driving licence that I realized how the lawlessness of my country could have easily got me that without even going for the driving test. Oh boy, I missed the corrupt system.

But now I am so strict to follow procedures and rules, and doing everything ethically. So that's a positive impact from the West .

Openbusiness:
I'm happy for her and wish her the best. But why is it that Nigerian men don't like to help their fellow men but always eager to form Captain Hero for women? What about the 1000 other male riders?.Whoever or whatever wired you 9ja guys like that deserves a GCFRN for life They always like to form Superman for women but leave their fellow men to suffer. Well, their problem. More enjoyment for us. Being a woman in Nigeria is so fun

GamalNasser:
Thanks to those animal that went to protest and burn American flag when Soleimani was killed ...Well no matter what Trump does I still support him ..We must not forget that Buhari has locked our own border for months now and zombies have been applauding them

AdaNonye:
Lemme rephrase this whole scenario....as a woman, if your husband is always excited to resume work on Monday so he can see his secretary, what will you advice



Besides,if his secretary will cause him to sin, he should let go..or if he can, let him set her up in another department where they dont have to interract

VirginSearcher:
Everybody Canada Canada Canada nawa oo! no more USA again