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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 10-29-2008, 12:26 PM
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Question defending myself

I am looking for places online to research common law issues. We have jointly owned property and debt associated with that property. I am looking for specific rules of common law and family law. I am having difficulty obtaining such materials. Hope you can point me in the right direction.
Thank you
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Old 10-29-2008, 01:08 PM
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Family Law Toronto :: Common Law:: www.familylawtoronto.com

http://rc.lsuc.on.ca/pdf/csp/criteria_family.pdf

Here is a good place to start.
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Old 11-15-2008, 11:31 AM
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Hi again,
I need further direction. I have not been able to find any case law that pertains to my cirrcumstances.
Married 1982, divorced 1995, re-cohabitated 1999, separated 2005. Do the settlement minutes of the divorce still hold any validity? The re-cohabitation period was a new relationship.
Look forward to your reply
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Old 11-15-2008, 01:52 PM
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Well, my first stop is canlii.org to search case law. It is enormously helpful as it will direct you to the actual law that the cases rely on.

Just make sure that you only search your province as the laws differ.

Make sure you save each case file(link) to your hard drive as printing the cases takes a heck of a lot of paper and ink from your printer. Print after you have a chance to peruse them!
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Old 11-17-2008, 02:03 PM
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Thank you for your response. The search parameters are pretty wide. Any suggestions.

Thanks again
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Old 11-17-2008, 05:39 PM
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I think if your going to defend yourself you will need to be familiar with the following:

Family Law Act, R.S.O. 1990 c. F. 3.;

Family Law Act, R.S.O. 1990, c. F.3

Family Law Rules, ONTARIO REGULATION 114/99; which forms part of the Courts Of Justice Act. Most cases will abide by the rules. However, there are exceptions.

Courts of Justice Act - O. Reg. 114/99

Sometimes with complex situations a matter cannot be covered by the Family Law Rules, then the courts are obligated to refer to rules of civil procedure:

Courts of Justice Act - R.R.O. 1990, Reg. 194

and or the Courts of Justice Act, R.S.O. 1990, CHAPTER C.43:

Courts of Justice Act, R.S.O. 1990, c. C.43

If children are involved and Custody or access is an issue:

Children's Law Reform Act R.S.O. 1990 c. C. 12;

Children's Law Reform Act, R.S.O. 1990, c. C.12


If Child support is an issue, Refer to the Family Law Act, Ontario Regulation 391/97 which are the child support guidelines;

Family Law Act - O. Reg. 391/97


Additionally, the Attorney General of Ontario has straightforward guides available depending on which court your mater is being held:

Family Court of the Superior Court of Justice

Ministry of the Attorney General - A Guide to Procedures in Family Court

Ontario Court of Justice

Ministry of the Attorney General - A Guide to Family Procedures in the Ontario Court of Justice

Superior Court of Justice

Ministry of the Attorney General - A Guide to Family Procedures in the Superior Court of Justice


All the required court forms for family Court can be found on line in word or PDF format:

Family Law Rules Forms — Ontario Court Services

If you like to be neat and tidy on the court forms and do not have MS word, you can download a free office suite here:

www: OpenOffice.org - The Free and Open Productivity Suite



LV
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Old 11-24-2008, 01:33 PM
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Thank you to all,
I have already prepared a case conference brief, confirmation notice, notice of service and updated financial statement.
I have been looking for case law that is relevent to common law relationships. I have been to canill.org as independentgal suggested. The search parameters are too wide. Any suggestions would be helpful.
Thank you
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Old 11-24-2008, 01:50 PM
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Quote:
Originally Posted by lauralin View Post
Hi again,
I need further direction. I have not been able to find any case law that pertains to my cirrcumstances.
Married 1982, divorced 1995, re-cohabitated 1999, separated 2005. Do the settlement minutes of the divorce still hold any validity? The re-cohabitation period was a new relationship.
Look forward to your reply
The second relationship does not negate the agreement from the first or any content therein.

It is indeed very difficult to find any case law that would combine the two relationships; you would have to search separate case law to support each relationship as it pertains to you.
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Old 11-29-2008, 12:01 PM
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I have a new question. I have been trying for 2 years to have financial disclosure from the Respondent. I finally received a sworn financial statement after I made an application to the court. It is my opinion that the Financial statement is incorrect. The Respondent has failed to provided verification of the debts listed in his statement.
Can I bring a motion to have the debt claims verified?
The Respondent has requested that I share the debt.
ei. his credit card debt.
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Old 11-30-2008, 11:35 AM
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First of all, I have no legal training so I can't help you there but I can relate my experience. Do you also have a C/C on the same account with him as the primary card holder? If so you would be responsible for 1/2 the debt. I had the lovely experience of paying off over $1000 for jewelry bought for OW. We had to split all bills that way despite the fact that I made less than $4000/year and he made in 6 figures. I am in NB so the laws may be different where you are. We were M 30 years and after the D, I had no credit rating and had to start from scratch because he was the primary card holder. FYI.
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