Tsui v Kondra, 2023 BCSC 1532

In Tsui v Kondra, 2023 BCSC 1532, the Claimant claimed that she and the Respondent had been in a marriage-like relationship for at least two years and were spouses under the Family Law Act (the “FLA”), and thus sought equal division of the Respondent’s significant property holdings and spousal support. The Respondent’s position was that the parties cohabitated only from April 2019 to February 2020, after which he moved to Taiwan. Daylyn J. Miller and H. Hailey Graham from Hamilton Fabbro acted as counsel for the Respondent.

Under cross-examination, inconsistencies were revealed in the Claimant’s testimony and evidence, including discrepancies in her timeline, financial claims, and communication records.  Ms. Miller and Ms. Graham’s careful presentation of the Respondent’s evidence demonstrated that parties’ cohabitation period fell short of the FLA’s two-year requirement to be considered a “marriage-like relationship”.

The Honourable Justice Francis ultimately found that the cohabitation only lasted approximately 10 months, and thus the parties could not be considered spouses and the Claimant was not able to claim a division of property or seek spousal support. As a result, the Claimant’s Notice of Family Claim was dismissed, and the Respondent was awarded costs.