Glossary

Glossary beginning with E

Evidence

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.

Exhibit

A paper, document, or piece of physical evidence provided to the court at a trial or hearing or as part of an affidavit.

Crafted by Gesso Communications
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