PS69,
welcome to the forum. That is quite a predicament that your bf has got himself into.
Quote:
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In the meantime this women sold or disposed of most of my partners clothing and belongings as well as the childrens belongings that he had purchased or accumulated himself. What she returned was very limited enough to humour the local police into believing that she did her part. There is over 10,000 worth of assets that are not common assets but the police say that in Ontario it is common law after one month and that it is all common assets however as we all know that it is not common law unless you have a child for three years!
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The 3 year common law that you are referring too is for classification of common law spouses and for spousal support purposes.
As an example, if a person lives with another person continuously in a relationship of some permanence for more than 3 years, they technically could take that spouses last name.
As listed in PART III of the Family Law Act R.S.O. 1990 c. F3.
http://www.e-laws.gov.on.ca/DBLaws/S...0f03_e.htm#BK1
1. (1) In this Act,
“spouse” means either of two persons who,
(a) are married to each other, or
(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”) R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2).
PART III
SUPPORT OBLIGATIONS
Definitions
29. In this Part,
“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne * charge”)
“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,
(a)
continuously for a period of not less than three years, or
(b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6).
Overall, I think you would have to pursue the matter in small claims court for the belongings or in the Superior Court of Justice for a civil proceeding under rules of civil procedure depending on the value of the claim. Small claims court has a threshold value of 10K while Civil Court is open. Small Claims is much simplified.
http://www.attorneygeneral.jus.gov.o...c/b4aClaim.asp
http://www.attorneygeneral.jus.gov.o...cm/default.asp
Whatever is decided, you have to act fast. You have 2 years to submit the claim under statute of limitations.
http://www.e-laws.gov.on.ca/DBLaws/R...h/980258_e.htm Small Claims Court Rules
Rules of Civil Procedure
http://www.e-laws.gov.on.ca/DBLaws/R.../900194a_e.htm
and
Limitation Act
http://www.e-laws.gov.on.ca/DBLaws/S...sh/02l24_e.htm
lv