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Can a Spouse Sue His or Her Spouse in Tort?
Tort actions for spousal violence have become more commonplace in Canada during the past 30 years, at least in part because...
Charles Baker
Mar 26, 20212 min read
9 views
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What are the Rights of the Custodial Parent to Move With the Child?
The leading case on mobility rights is the Supreme Court of Canada's decision in
Gordon v. Goertz.
Charles Baker
Mar 26, 20213 min read
14 views
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What Can I Do About My Nasty Neighbour?
Not infrequently someone will call with a complaint about his neighbour. The answer is invariably...
Charles Baker
Mar 26, 20219 min read
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An Exception To The Usual Exclusion Rule
As discussed in earlier blogs, ordinarily when determining a party’s net family property a spouse is entitled to exclude assets acquired...
Charles Baker
Mar 26, 20212 min read
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How Is Support Enforced?
An Ontario governmental office known as the Family Responsibility Office (the FRO) can enforce support payments.
Charles Baker
Mar 26, 20212 min read
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What Happens When Only One Spouse Owns The Matrimonial Home?
What happens when only one spouse owns the matrimonial home?
Charles Baker
Mar 26, 20212 min read
30 views
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How Are Costs Fixed In Civil Cases?
Rule 57 of the Rules of Civil Procedure set forth the factors to be considered by the Court in exercising its discretion under the...
Charles Baker
Mar 26, 20212 min read
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What Are Support Payments?
Support payments are amounts paid to a spouse, a former spouse or the natural parent of the payor’s child.
Charles Baker
Mar 26, 20211 min read
29 views
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What Are The Different Types of Custody?
Joint custody means that both parents must agree on major decisions that affect their child.
Charles Baker
Mar 26, 20212 min read
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When Might Child Support Payments Differ From Those Dictated By The Guidelines?
The Court could order a step-parent to pay an amount of child support that is different from the Guideline amount if...
Charles Baker
Mar 26, 20212 min read
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What Is Partition And Sale Of A Home?
Quite frequently friends and or family members purchase a home together. In the event they do so a co-ownership agreement is an important...
Charles Baker
Mar 26, 20212 min read
188 views
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What Are Deductions And Exclusions?
The Family Law Act provides that when calculating net family property a spouse may deduct the value of certain assets owned on the...
Charles Baker
Mar 26, 20212 min read
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Are Legal Fees Tax Deductible?
Legal fees paid by the payor spouse, whether on account of child or spousal support, are not deductible.
Charles Baker
Mar 26, 20211 min read
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When Are Support Payments Paid Prior To An Order Or Written Agreement Tax Deductible?
These are payments made by one spouse to the other (the recipient) for the support of the recipient or children...
Charles Baker
Mar 26, 20211 min read
5 views
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When Is A Party Permitted To Bring An Urgent Motion?
Since the inception of the Family Law Rules, motions prior to a Case Conference are the exception...
Charles Baker
Mar 26, 20212 min read
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When Can A Court Depart From A Strict Equalization Of Net Family Property?
Section 5(6) of the Family Law Act states...
Charles Baker
Mar 26, 20212 min read
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What Is The Office Of The Children’s Lawyer?
The Office of the Children’s Lawyer (OCL) is an independent law office operating within the Ministry of the Attorney General of Ontario...
Charles Baker
Mar 26, 20213 min read
170 views
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What Is The Law Regarding The Sale Of A Home Where There Are Problems With The Home?
A home is invariably the most expensive purchase a person will ever make. Unfortunately, many purchasers, after they move...
Charles Baker
Mar 26, 20212 min read
6 views
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What Is Family Property?
Sections 4 and 5 of are the key property provisions of the Family Law Act. In short, the first step in resolving the property issues...
Charles Baker
Mar 26, 20212 min read
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What Does The Legal Term Nuisance Mean?
Nuisance is a common law tort. Nuisance focuses on the effects of certain activities on neighbouring property owners...
Charles Baker
Mar 26, 20212 min read
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