The relationship did not meet spousal support criteria as they had not cohabited for three years
The Ontario Court of Appeal has upheld the dismissal of a spousal support claim but sent child support and property damage claims to trial due to unresolved factual issues.
In the original decision, the court dismissed Michelle Le’s request for spousal support, finding that Richard Norris did not qualify as a “spouse” under the Family Law Act (FLA). The court found that the couple’s relationship did not meet the criteria for spousal support as they had not cohabited continuously for at least three years, and Norris was not the biological father of Le’s child. A DNA test had confirmed that Norris was not the father of the child, Abby, born in 2017, despite Norris initially paying child support and having parental involvement.
Norris filed for summary judgment, seeking to dismiss both spousal and child support claims. While the motion judge agreed with him on spousal support, the court rejected his request to dismiss the child support claim, ruling that whether he had shown a “settled intention” to treat Abby as his child remained an unresolved issue. The judge determined that this issue required a trial to fully examine the facts surrounding Norris’s relationship with Abby before and after the DNA test.
Le also appealed the dismissal of her property claim relating to a failed joint purchase of a home on Inverhuron Trail. The couple had disagreed over how to take title to the property, which resulted in Norris completing the purchase alone. Both parties sought damages related to the failed purchase, but the Superior Court dismissed these claims, finding no genuine issue for trial. The Court of Appeal, however, ruled that the factual disagreements about financial losses and responsibilities warranted a trial.
The Court of Appeal concluded that the spousal support claim was rightly dismissed but found that the child support and property damage claims required further consideration. It ordered that these issues proceed to trial.
