The appellant cohabited with the deceased for 18 months before he was killed in a motor vehicle accident.
She sued the driver for damages under s. 61 of the Family Law Act.
The definition of "spouse" in s. 29 of the Act requires three years of cohabitation.
The appellant challenged this definition under s. 15(1) of the Charter, arguing it discriminates against common-law partners who have cohabited for less than three years.
The Court of Appeal upheld the dismissal of her claim, finding that cohabiting for less than three years is not an analogous ground of discrimination under s. 15(1) of the Charter, as it is a fluid and transitory status rather than an immutable characteristic.