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Charles Baker
Mar 26, 20212 min read
What Does Negligence Mean?
Tort law concerns itself with civil wrongdoing, and negligence is a distinct category of tort law...
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Charles Baker
Mar 26, 20212 min read
How is Net Family Property Calculated in Ontario?
Ontario has what is called a “deferred community of property” scheme to divide property upon marriage breakdown or divorce...
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Charles Baker
Mar 26, 20211 min read
Can A Judge Deny Request For A Divorce Because of My Children?
Can a judge deny a request for a divorce if she does not believe adequate arrangements have been made for the support of my children?
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Charles Baker
Mar 26, 20213 min read
What is Economic Duress
Many people later regret documents they sign or agreements they made and, to avoid them, argue that they signed them “under duress"...
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Charles Baker
Mar 26, 20213 min read
What Does The Term “Separation Date” Mean And Why Is It Relevant?
The separation date is relevant both for deciding whether there has been a permanent breakdown of the parties’ marriage entitling them to...
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Charles Baker
Mar 26, 20213 min read
What Is Hearsay Evidence?
The rule against hearsay evidence is that written or oral statements made by individuals outside of court are inadmissible if...
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Charles Baker
Mar 26, 20213 min read
What are Special or Section 7 Expenses?
In addition to Guideline child support a parent may also be required to pay what are known “special expenses” or “section 7 expenses"...
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Charles Baker
Mar 26, 20212 min read
What is a Cohabitation Agreement or Marriage Contract?
A cohabitation agreement or a marriage contract is a written agreement made between a couple who intend to live together or marry...
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Charles Baker
Mar 26, 20212 min read
What is a Limitation Period and How Does it Affect the Collection of a Loan?
Problems posed by limitation periods should also be considered in an earlier blog I wrote about loans versus gifts...
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Charles Baker
Mar 26, 20213 min read
What are the Construction Lien Act and a Claim for Lien?
The rationale behind the Construction Lien Act is to enable those individuals who contribute work and or materials to a construction...
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Charles Baker
Mar 26, 20213 min read
What Options Does One Have if He or She has been Left out of a Last Will and Testament?
Perhaps there is nothing worse than being a child who has been left out of a parent’s Will...
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Charles Baker
Mar 26, 20212 min read
What is a Separation Agreement and what is Involved in Getting One?
A separation agreement is a contract entered into between separating spouses to resolve their outstanding matrimonial issues...
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Charles Baker
Mar 26, 20212 min read
What is a Motion to Change?
Much of the family courts’ time these days is occupied with what are known as “Motions to Change"...
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Charles Baker
Mar 26, 20212 min read
Can an Income be Imputed to a Spouse or Parent for Support Purposes?
In many cases, when a spouse or parent is self-employed and not reporting his or her true income, or is unemployed or underemployed...
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Charles Baker
Mar 26, 20212 min read
When is an Advance of Money a Loan or Gift?
Frequently, usually after a falling out among friends or in the context of a divorce involving generous in-laws...
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Charles Baker
Mar 26, 20212 min read
When Do Spousal Support Obligations Arise Under the Divorce Act?
The support provisions of the Divorce Act deal with the economic consequences, for both spouses, of the marriage or its breakdown...
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Charles Baker
Mar 26, 20214 min read
What is Summary Judgment?
Summary Judgment is a judgment entered by a court for one party and against another party summarily, or without a full trial...
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Charles Baker
Mar 26, 20213 min read
How Difficult is it to Appeal a Judge?
In many cases one must first obtain permission (or leave) from the court to appeal...
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Charles Baker
Mar 26, 20212 min read
What do the terms Undue Influence and Suspicious Circumstances Mean?
Undue influence is a legal term used by courts to set aside certain documents, like Wills, where through pressure or influence on...
42 views0 comments


Charles Baker
Mar 26, 20212 min read
Common Law Spouses Can Be Required To Share Property Acquired During Their Relationship
Parts I and II of the Family Law Act, which deal with property and the matrimonial home, only apply to married couples...
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