Legal Insights

According to Ontario law, both parties involved in the divorce process are required to disclose specific information to one another. For example, they are required to provide financial disclosure to each other in order to properly divide their financial affairs. Whether or not the obligation to disclose information during the divorce process in Ontario extends to third parties, also known as individuals who are not the two people trying to obtain a legal divorce, is not as clear-cut. It is possible that the court will compel third parties to produce specific documents, to testify, or provide evidence that apply to the divorce process in Ontario. Circumstances whereby one party is acquiring additional non-disclosed income, and the evidence to prove so lies with a third party, are circumstances whereby the court may require individuals besides the two parties getting divorced, to provide evidence. If an individual wishes to have a third party compelled by the Ontario courts to disclose specific evidence, they must prove the following: That the information is necessary to prove an aspect of the court case; That the information is relevant to the issues at hand; That it would be unfair to the individual if the information was...

The exact way in which a common law relationship is defined depends on the context and circumstances surrounding the legal right being referred to. The working definition of a common law relationship, as well as the exact legal definition also varies within the boundaries of each province within Canada. Therefore, it is important to note that while one may be considered to be a part of a common law relationship under one specific statute in Ontario, it is possible that they will not be attributed the status of common law relationships in other circumstances, involving a different statute. It is important to note that common law couples' rights in Ontario are not the same as the rights attributed to people who are legally married in Ontario. For example, common law spouses in Ontario are not entitled to an equalization of net family property. Nevertheless, trust law may be applicable to circumstances involving common law spouses. Moreover, common law couples maintain rights of spousal support. Accordingly, while divorces are only required for people who are legally married to one another, it is important that upon the dissolution of the relationship, common law spouses come to a settlement of the relevant issues and execute a Separation Agreement reflecting...