WHAT DO JUDGES DO WHEN 2 SPOUSES JUST CAN’T LIVE TOGETHER ANYMORE?

You won’t believe this.

In the BC case of Corness v Sola, 2024 BCSC 519 (CanLII), a judge heard an application by two spouses – each wanting the other evicted from the family home.

Ryan and Kat were a common-law couple who cohabited for 11 years.  They both agreed that their relationship was over and that there was no prospect of reconciliation. They both asked for a court order of exclusive occupancy. Ryan argued that he needed the home to run his business. Kat argued that Ryan cheated on her and when she confronted him that he became violent. She said that she was scared of him, especially since he had a gun.

The judge did not know who to believe.

He did find that the home was very large, almost 4,500 square feet with 5 bedrooms, 5 bathrooms, and a furnished basement that was a self-contained apartment with its own kitchen, and a second bedroom that could be used as an office. The judge believed that, if one of them moved into the basement, it would eliminate the need for them to interact.

In the end, the judge said: “I conclude that they can cohabit separate and apart at the property, on clear terms” and ordered this:

1. Ryan will reside in the basement
2. Kat will reside on the main and second floors
3. Kat may not enter the basement
4. Ryan may not enter the main and second floors
5. They will share the kitchen on a schedule to be agreed upon
6. They will limit their interactions with each other
7. They will communicate with each other respectfully
8. They will not videotape each other or threaten to do so

Some family court cases disappoint both spouses.

CASE LINK: https://www.canlii.org/en/bc/bcsc/doc/2024/2024bcsc519/2024bcsc519.html?autocompleteStr=Corness%20v.%20Sola%2C%202024&autocompletePos=1&resultId=86535e83096f49ba9f9e4b67336be26a&searchId=2024-08-01T19:23:32:136/52fc8467cfba4db4bd837a8dd7fcaa1c

Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.