Lesbian “marriage” affirmed by B.C. court
It appears that the legal concept of homosexual “marriage” has been established by the B.C. Supreme Court, at least through inference, if not in fact. The decision came when Justice Patrick Dohm awarded the plaintiff in a lesbian “marriage” a half interest in the “family” home and a 20% interest in two properties owned by the plaintiff’s “lover” on the breakdown of their ten-year relationship.
The judge further ruled that the defendant is to receive one of two motor vehicles held by the plaintiff. These were determined to be “joint assets.”
Although the plaintiff’s lawyer failed to have the Family Relations Act applied to a “gay marriage”, the division of property order was successfully obtained by an alternative argument based on implied contract and trust.
The Vancouver decision could have far-reaching and, ultimately calamitous consequences for the principle of contract law in Canada. At first glance, the landmark decision appears no more than another silly California-style side-event in the tragicomedy of sexuality in the 1980’s. However, on closer examination, the decision represents another peculiar twist of reasoning that puts another nail in the coffin at everyday commonsense.
More foolishness is to be expected.