M v. H Flashcards
What does this case show?
How courts are involved in interpreting legislation.
Who were the parties to the action?
M. and H.
What had they done?
Lived together in a same sex relationship for 10 years.
What happened when the relationship ended?
M. sought spousal support under Ontario’s Family Law Act.
What did the definition of “spouse” in the act not provide for?
Same-sex couples
What happened when the act was challenged in court?
The Ontario Court of Justice ruled that the words “man and woman” in the definition of spouse should be replaced by the words “two person.”
What was the Family Law Act declared?
Invalid
What did the Court of Appeal agree with?
The trial decision
What did the Attorney General for Ontario appeal the decision to?
The Supreme Court of Canada
In a 9 to 0 judgment, what happened?
The court declared the Family Law Act to be of no force or effect
After this ruling, what did the federal government pass?
The Modernization of Benefits and Obligations Act
What did this act require?
The words “opposite sex” be replaced by “survivor” in federal legislation.
How did the Ontario government respond?
By amending 67 statutes in order to prevent discrimination against same-sex couples.
