DeRusha Law Firm

According to the Family Law Act, the matrimonial home is treated as a special type of property. The rules governing the ownership of regular property (such as the name on the title is presumed to be the owner) do not apply. Hence, both spouses are seen as joint owners of the home once the spouses treated the home as the matrimonial home and continued to live in that home, even if not on a continuous basis, until the date of separation. If the home was the matrimonial home, t

The obligation to provide support will depend on whether the parties are seen as spouses under the law. While married persons are automatically recognized as spouses, this is not so for unmarried persons.Under the for unmarried persons to be classified as spouses, they must: continuously cohabit for three years; or be in a relationship of some permanence, if they are the natural or adoptive parents of a child. However, the fact that one is a spouse does not mean that support

Employment Insurance is included in calculating the ratio in which the special expenses should be paid. This job benefit is seen as income replacement but not social assistance (such as welfare). Employees usually pay into the employment insurance scheme while they are employed. When they become unemployed they are able to access a portion of the funds once they are eligible. On the other hand, social assistance is fully government funded and is not treated as income. Accordi

The Limitations Act of Ontario sets 2 years as the term for commencing a claim to recover a debt. Since the loan was made 14 months ago, you have 10 more months left to initiate a claim if your brother does not repay the amount. If you do not initiate a claim within 2 years from the date the loan was made, your claim will be “barred by limitation” i.e. you will not be able to claim the money through Court. However, the limitation period is extended where your brother acknowle

If a person becomes mentally incapable of making his/her personal care decisions, someone else must make the decision for him/her. This person is called a “substitute decision-maker”. For some decisions related to medical treatment, the law states that the doctor and other health-care providers must obtain the substitute decision-maker’s consent before taking action or proceeding with the medical treatment. By making a Power of Attorney for Personal Care, you can choose a per

Anyone who has in his/her possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or the proceeds was obtained by or derived directly or indirectly from the commission of a criminal offence is also criminally responsible. Thus, even if you have yourself not stolen the money, you may be charged as an accessory after the fact