The Division of Property and Unmarried Cohabitants: The Supreme Court Draws a Line in Nova Scotia (Attorney-General) v. Walsh

LaViolette, Nicole

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The Division of Property and Unmarried Cohabitants: The Supreme Court Draws a Line in Nova Scotia (Attorney-General) v. Walsh

12th Annual Institute of Family Law Conference, 6 June 2003, Ottawa, County of Carleton Law Association

16 Pages Posted: 17 Jul 2013 Last revised: 19 Jul 2013

See all articles by Nicole LaViolette

Nicole LaViolette

University of Ottawa - Faculty of Law

Date Written: June 6, 2003

Abstract

This is brief commentary on the Supreme Court of Canada's 2002 decision in Nova Scotia (Attorney-General) v. Walsh, a case challenging the constitutionality of Nova Scotia's Matrimonial Property Act. The Court held that the exclusion of unmarried heterosexual spouses from provincial matrimonial property laws is not discriminatory within the meaning of s.15(1) of the Charter of Rights and Freedoms.

Keywords: Family Law, Canada, Matrimonial Property, Common Law Couples, Cohabitants

Suggested Citation: Suggested Citation

LaViolette, Nicole, The Division of Property and Unmarried Cohabitants: The Supreme Court Draws a Line in Nova Scotia (Attorney-General) v. Walsh (June 6, 2003). 12th Annual Institute of Family Law Conference, 6 June 2003, Ottawa, County of Carleton Law Association, Available at SSRN: https://ssrn.com/abstract=2294757