The parties cohabited for approximately 10 years.
Following separation, the respondent applied for a declaration that the definition of 'spouse' in s. 2(g) of the Nova Scotia Matrimonial Property Act was unconstitutional for failing to provide her with the presumption of an equal division of matrimonial property, in violation of s. 15(1) of the Charter.
The Supreme Court of Canada held that the exclusion of unmarried cohabiting persons of the opposite sex from the Act is not discriminatory within the meaning of s. 15(1).
The distinction does not affect the dignity of these persons and respects the fundamental personal autonomy and choice of individuals who decide not to marry.
