The court determined the date of separation and whether a property was a matrimonial home in a family law dispute.
The applicant claimed separation occurred in 2007 and sought a declaration that the Madawaska property was a matrimonial home.
The respondent argued separation occurred in 2002 and that the property was not a matrimonial home.
After reviewing the evidence, including credibility assessments and the parties’ living arrangements, the court found the parties separated in December 2002 and that the Madawaska property was not a matrimonial home.
The court ordered the removal of the matrimonial home designation from the property’s title.
