Long time lurker, Canadian lawyer (from BC) here. This is such a guilty pleasure for me as a young lawyer and a little bit scary because I don’t want to be like Elle.
As much as I love to hate on Elle ( I found her while I was looking for outfit ideas for work) common law is 2 years. I am interested in how Elle managed to get an articling position with mccarthys as it is quite a good firm. That being said, to be fair I think the comments about her not being a lawyer are not warranted because she did get her license and is qualified as a lawyer in B.C., though non practicing. I can also confirm and am a little familiar with investigator positions- it is not the same as in house counsel. So at most she would be a non practising lawyer pursuing a different path. There are many lawyers in America and Canada who stop practicing but still call themselves lawyers ( ie legal recruitment) but to say she is in house counsel is a big stretch as an investigator because you don’t need a law degree to be one in most cases.
I think you are referring to s.3(1)(b)(i) of BC's Family Law Act which states common-law is 2 years, which I didn't consider b/c I wasn't thinking of division of family property, alimony, custody of offsprings etc.
For tax filing purposes, if Joe and Elle lived continuously for 12 months, they qualify to file a joint income tax return. I suspect that's the reason why Joe only lived with Elle for 11.5 months. Filing a joint tax return is too much of a commitment for Joe
Under s. 238 of the Income Tax Act Part XVII (Interpretation) states that:
"
common-law partner, with respect to a taxpayer at any time, means a person who cohabits at that time in a conjugal relationship with the taxpayer and
- (a) has so cohabited throughout the 12-month period that ends at that time, or
- (b) would be the parent of a child of whom the taxpayer is a parent, if this Act were read without reference to paragraphs 252(1)(c) and (e) and subparagraph 252(2)(a)(iii),
and, for the purpose of this definition, where at any time the taxpayer and the person cohabit in a conjugal relationship, they are, at any particular time after that time, deemed to be cohabiting in a conjugal relationship unless they were living separate and apart at the particular time for a period of at least 90 days that includes the particular time because of a breakdown of their conjugal relationship; (conjoint de fait)"
Side note: For me, after 1 year of cohabitation, a few companies I've worked at in BC allowed me to add a live-in partner to my benefits after I've lived with them for a year. Maybe Joe didn't want that to happen w/ Elle either.