Same Sex Law in Ontario - UK civil partnership like a marriage

In June, 2014, the Ontario Court of Appeal upheld the decision of The Honourable Madam Justice Mesbur, sitting as a motions judge, that a civil partnership entered into by two parties (men) in the UK, at a time same-sex marriage was not available in the jurisdiction, was like a marriage, according them the rights and obligations of married spouses in Ontario.

You will find the decision of the Court of Appeal, Hincks v. Gallardo, here:

http://www.canlii.org/en/on/onca/doc/2014/2014onca494/2014onca494.html?searchUrlHash=AAAAAQAPaGluY2tzIGdhbGxhcmRvAAAAAAE

On behalf of the panel, Justice Hourigan held as follows:


"[28] The interpretation by the motion judge of the terms "spouses" and "marriage" is entirely consistent with the modern approach mandated by the Supreme Court of Canada: Her interpretation achieves one of the fundamental purposes of the DA [Divorce Act] and the FLA [Family Law Act]: it provides the parties with an equitable and certain process for resolving their economic issue arising out of the dissolution of their relationship. In contrast, the interpretation urged upon us by the appellant would result in the parties being effectively treated as legal strangers under the legislation and would force them to assert their economic claims through more limited and less predictable means, such as trust claims."

Upward and onward, Ontario...definitely a step in the right direction, one of many still ahead of us....