“The parties agree that the test for the date of separation is the objective determination of the date the parties separated with no reasonable prospect or expectation of resuming cohabitation. Both parties rely upon Warren v. Warren, 2019 ONSC 1751, and say it supports their respective position.
At paragraph 7 of Warren, a list of objective factors is set out to assist the reasonable person in determining whether there has been a separation with no reasonable prospect of resuming cohabitation. It has to be an objective determination. A relationship requires two people and sometimes one of the parties does not understand or accept the relationship is over. On the other hand, sometimes one of the parties may harbour a secret resolution that the relationship is over but has not made it clear to the other of this fact. It must also be remembered that the purpose of the separation date is to set a date at which time the parties ceased being one entity for financial purposes—a couple—and became another, a separated couple: see Strobele v. Strobele, [2005] O.J. No. 6312, at paras. 29 – 32.
The main point in Warren and in all the cases cited is recognition that each relationship is different. Because of this, the list of factors set out in Warren at paragraph 7 is only that: a list. It is not as if one factor takes precedence, or that a certain combination of factors is necessary, or a majority of factors will decide the issue.”