Common-law

The practice of law in Canada follows the doctrine of “stare decisis et non quieta mover”, which is latin for “to stand by decisions and not disturb settled matters”.  In other words, Common-law is “Judge-Declared” law, as opposed to law that is enacted by parliament (Statutes or Acts).

Common-law is also a term used to describe a two people who partner together in a relationship that, in habit and repute, resembles a marriage.   The Family Law Act states that two people who cohabitate (live together) in a “marriage-like” relationship for at least two years are “spouses” and can seek judicial relief on the same issues as married persons.

Other government agencies, such as CRA, Immigration Canada, and Employment Insurance, may consider a couple “common-law” after one year.

Family Law

Divorce

Alternative Dispute Resolution