Glossary beginning with E
Information given to the court by a party or witness, either orally or in writing (for example, in an affidavit), which the judge uses to make their decision.
- Exclusive possession
The right of one party to be the only one to use a residence or other asset, usually a matrimonial home (the family home) or its contents. Exclusive possession can be ordered by the court under the Matrimonial Property Act, or agreed upon by the parties as a term in a separation agreement. Exclusive possession is dealt with in the Supreme Court or Supreme Court (Family Division), not the Family Court.
If the parties are not married and are not in a Registered Domestic Partnership, one of the parties can apply for ‘exclusive occupation’ under the Maintenance and Custody Act.
A paper, document, or piece of physical evidence provided to the court at a trial or hearing or as part of an affidavit.