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

In Laws Problems - Definition of "Common Law" connection in Ontario Changes Based on Context

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Please note that the facts in case,granted herein is not legal advice and is in case,granted for informational and educational purposes only. If you need legal advice with respect to your base law association (e.g. Cohabitation agreement, separation agreement, getting married, etc.) in Ontario, you should seek expert assistance.

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Did you know that the definition of "common law" association changes in Ontario depending on the context in which it is used? I'll be discussing "common-law" relationships in this article in 3 dissimilar contexts: (1) family law, (2) tax law, and (3) worker benefit plans.

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

Tax Law Context
Under Canadian Tax law, a "common law" association arises where two people have lived together in a wedded association for a continuous duration of at least 1 year or when two people have a child together: see s. 248(1) of the income Tax Act. There are a number of tax law rules that apply to generate 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 benefit Plan Context
If you are an employee, you should check your employer's benefit plans (e.g. Dental, medical, bereavement, life insurance, etc.) to see how they define "common-law" relationship. These kinds of manager obligations are based on private, contractual laws (i.e. Their single policies and plans) which can differ from one manager to the next.

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