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Family Law

Common Law Relationships: Constructive Trust and Unjust Enrichment

In its decision of Kerr v. Baranow, the Supreme Court of Canada held that, upon the breakdown of the relationship, unmarried persons cohabiting in a common law relationship may have a claim for family property pursuant to the law of unjust enrichment.  Indeed, this decision represents a step forward for unmarried cohabiting spouses in family property…

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Does Child Support Stop Once the Child Attains 18 Years of Age

Do child support payments stop once the child reaches 18 years of age?  The short answer is not necessarily.  The law in Ontario generally provides for two circumstances in which child support will be payable for a child who is 18 years of age or older.  Those two situations are as follows:  When the child…

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The Matrimonial Home & Exclusive Possession

Under Section 19 of the Family Law Act, each married spouse has a presumptive right to equal possession of the matrimonial home.  This means each spouse can reside in or use the matrimonial home notwithstanding whether or not title is joint or in one spouse’s name. However, in some situations, the Court may order that one…

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