The Ontario Court of Appeal heard two appeals concerning the definition of 'spouse' under Ontario's social assistance legislation.
In the Falkiner appeal, the court held that the 1995 'spouse in the house' rule, which presumed a spousal relationship based on co-residency and financial arrangements, violated s. 15(1) of the Charter.
The court recognized 'receipt of social assistance' as an analogous ground of discrimination and found the definition discriminated on the basis of sex, marital status, and receipt of social assistance.
The violation was not justified under s. 1.
In the Thomas appeal, the court found the Board erred in classifying a disabled man and his caregiver as spouses without considering if the relationship was marriage-like or accounting for his disability.
The government's appeal in Falkiner was dismissed, and Thomas's appeal was allowed.
