By: Laura Buckingham
Case Commented On: James v Belanger, 2023 ABKB 34 (CanLII)
PDF Version: There’s No Place Like Home: Why the Dower Act Remains Relevant
Editors’ Note: February 6 to 10 is Equity, Diversity, and Inclusion Week at the University of Calgary. We will be publishing a number of posts this week that touch on EDI issues. This first post deals with dower rights and the inequalities experienced by unmarried spouses. For more on the Faculty of Law’s commitment to taking action on EDI issues, see here.
James v Belanger, 2023 ABKB 34 is interesting because of something that isn’t mentioned in the decision. The case is not about the Dower Act, RSA 2000, c D-15. If the Dower Act applied, the whole dispute might have been avoided. A retired man would be able to stay in the home he shared with his partner for more than 15 years.