Definition of "Common Law" association in Ontario Changes Based on Context

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Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to your coarse law relationship (e.g. Cohabitation agreement, separation agreement, getting married, etc.) in Ontario, you should seek pro assistance.

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Did you know that the definition of "common law" relationship changes in Ontario depending on the context in which it is used? I'll be discussing "common-law" relationships in this narrative in 3 separate contexts: (1) house law, (2) tax law, and (3) employee advantage plans.

Family Law Context
I have previously written about "common law" relationships in the house law context. As discussed in that article, under s. 29 of the Ontario house Law Act, support issues (for spouses and children) may arise where two habitancy have been living together in a conjugal relationship for three continuous years (s. 29(a))or where they have a relationship of "some permanence" and "are the natural or adoptive parents of a child" (s. 29(b)). coarse law coupled, do not, however, have the same proprietary to asset (i.e. Equalization of net house property) as married couples are generally entitled to. For more information about coarse law relationships in the house context, be sure to check out Cleonet's Fact Sheet.

Tax Law Context
Under Canadian Tax law, a "common law" relationship arises where two habitancy have lived together in a conjugal relationship for a continuous period of at least 1 year or when two habitancy have a child together: see s. 248(1) of the revenue Tax Act. There are a estimate of tax law rules that apply to create proprietary and obligations on "common law" partners when they file their tax returns. We won't be getting into any of those here as there are many rules and they can get complicated.

Employee advantage Plan Context
If you are an employee, you should check your employer's advantage plans (e.g. Dental, medical, bereavement, life insurance, etc.) to see how they define "common-law" relationship. These kinds of employer obligations are based on private, contractual laws (i.e. Their single policies and plans) which can differ from one employer to the next.

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