Climans v. Latner

The Ontario Court of Appeal has held that a couple that never lived in the same home together, but went on holidays, held themselves out as a couple, where Mr. Latner showered Ms. Climans with gifts of jewelry, financially supported her, paid off her mortgage, and otherwise provided a lavish lifestyle for her, were cohabiting for the purposes of finding that Ms. Climans was entitled to over $50,000 per month spousal support for 10 years. Ms. Climans repeatedly refused to sign a PreNuptial Agreement, and Mr. Latner a very wealthy individual indicated that he would never marry her until she did sign such an Agreement. The Court also awarded Ms. Climans $277,868 in costs, a reduction from the trial judge’s award of $324,179.

Parties that believe they are only in a dating type relationship, as Mr. Latner argued, may want to consider whether they could be found liable to pay spousal support. There is a 3 year requirement in both Ontario and Alberta to be in a common law relationship before spousal support is payable.