SCOC rules in favour of "Eric" in alimony case

Posted By: Canadian Press · 1/25/2013 9:51:00 AM

By a slim majority, Supreme Court of Canada says Quebec does not have to give common-law spouses the same rights as married couples.

The complex, detailed ruling means the financial aspects of the province's family law regime are constitutional and do not have to be changed.

Despite the fact that one-third of all Quebec couples are unmarried, it remains the only province that does not recognize common-law unions

The case involves a woman and her former lover, a prominent Quebec businessman who contends he should not have to pay alimony because they were never legally married.

It's widely known as the Eric and Lola case, because the pair can't be identified under a provincial family law that protects the identity of their three children

Common-law couples have varying rights depending on where they live in Canada, with some provinces giving them alimony and property rights.

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  1. Uncle M posted on 01/25/2013 09:56 AM
    This is a victory for the legislature enacting law, not the unelected judges.
    1. Lancer posted on 01/25/2013 12:18 PM
      @Uncle M Your headline "Whatever Lola wants, Lola won't get" should be "Whatever the Quebec Government wants, it gets." The Supreme Court would not dare to defy Quebec and stir the pot.
  2. PineGal posted on 01/25/2013 12:28 PM
    If she wants alimony then she should have married him while she has the chance. She wants all the benefits without going through the motions! Yes, I am married!
  3. Roger Doyle posted on 01/25/2013 08:52 PM
    At the risk of quoting General Schwartzkoph, there are three possible scenarios with regard to Quebec law: 1)- Get married. 2)- Live together. 3)- Sign a contract. Either way, "Lola" should have seen a lawyer (A REAL lawyer) and inform herself of all these possibilities. I did, even if it was meant paying $200.00 an hour, it was well worth it! There is more freedom of choice in Quebec's laws that anywhere else in Canada. The Parti Quebecois may be many adverse things, but one thing that I do admire about them is their dedication to social democracy. For without commitment to this concept, we would be forever thrust into the feudal system which has taken over this country, if not the world.
  4. Willem B posted on 01/28/2013 06:04 AM
    Fully agree with PineGal. Marriage is more than
    "just a piece of paper", as so many people seem to claim.

    Want to just live together? Fine, I have no issue with that. Want the benefits that come with marriage? Then go all the way and get married.

    Yes, I, too, am married.
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