Conjugal Relationship (HRTO)

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Human Rights Code, RSO 1990, c H.19

5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

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10 (1) In Part I and in this Part,

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“marital status” means the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage;

Caloca v. The Hellenic Community of Ottawa and District, 2014 HRTO 1847 (CanLII)

[147] The respondents submit that the definition of marital status in the Code includes the status of living with a person in a conjugal relationship outside marriage. They submit that marital status includes common law relationships, but it does not extend to those who are not living together, such as boyfriends and girlfriends. While the applicant describes Mr. Mitritsakis as her “partner”, she testified that she does not live with Mr. Mitritsakis. She lives in Ottawa and he lives in Gatineau. The respondents submit that the applicant and Mr. Mitritsakis started seeing each other in the summer of 2011, and that he was her new boyfriend, not a spouse. They submit that the identity of one’s boyfriend does not garner the protection of the Code, and that there is no evidence that would bring their relationship under the definition of marital status within the meaning of the Code. They also submit that the applicant was not subjected to discrimination because she was separated from her husband.