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
Date Written: June 6, 2003
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
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