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Injunctive Relief

SBL - Injunctive Relief

Injunctive Relief can assist clients should they require immediate relief.

Emergency Protection Orders (“EPO’s”) provide individuals with immediate protection against violence from family members.  EPO’s can prevent specific family members from contacting an individual, coming to that individual’s home, their work or other places.  EPO’s can remove a family member from an individual’s home and give the authorities power to seize weapons.  EPO’s must be reviewed nine working days after the order is granted.

Restraining Orders can protect individuals from those who may put their safety at risk.  Restraining Orders, once entered, should be provided to the police so they are aware of the terms of the Order should they need to enforce it.  In order to receive either an EPO or Restraining Order individuals are required to provide evidence of a real or suspected danger.  A breach of either an EPO or a Restraining Order can result in criminal charges.

The Matrimonial Property Act, s. 19, permits a spouse to apply for exclusive possession of the matrimonial home.  The court will consider the needs of the children and the financial position of both spouses when deciding whether or not to give one spouse exclusive possession of the home.

The Matrimonial Property Act, s. 35 permits the spouse who commenced the Divorce proceedings, to file a certificate of lis pendens (a “pending law suit”) with the Registrar of Land Titles.  Certificates of lis pendens are commonly referred to as “C.L.P.’s”.  Any prospective purchaser of the property will receive notice of the pending lawsuit because the C.L.P. attaches to the title of the property.  It is very difficult to sell a property with a C.L.P. clouding its title.

The Matrimonial Property Act, s.33 prohibits the disposal of household goods from the matrimonial home without either, the other spouse’s consent or a court order permitting so.  Household goods typically include the furnishings, the appliances and any personal effects.  If a spouse contravenes this section of the Act they could be considered guilty of an offence and could be liable for a monetary fine.

The Matrimonial Property Act, s.34 prevents a spouse from “gifting” the property to someone or from transferring the property to someone who is aware of the pending litigation and still accepts it. A court can grant an Order preserving the property at risk.

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