The applicant and respondent disputed their date of separation for the purpose of determining the valuation date under the Family Law Act.
The applicant argued they separated in 2005 when he moved into a self-contained unit within the matrimonial home, while the respondent argued they separated in 2012 when he moved to a different city.
The court applied the Oswell indicia for parties living under the same roof and found that the parties continued to present as a couple, share finances, and interact as a family until 2012.
The court determined the date of separation was April 19, 2012.
