Affidavit - Minors (N12): Difference between revisions
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<b>Equal entitlement to decision-making responsibility</b>, | <b>Equal entitlement to decision-making responsibility</b>, | ||
20 (1) Except as otherwise provided in this Part, a child’s parents are equally entitled to decision-making responsibility with respect to the child. 2020, c. 25, Sched. 1, s. 2. | 20 (1) Except as otherwise provided in this Part, <b><u>a child’s parents are equally entitled to decision-making responsibility with respect to the child.</b></u> 2020, c. 25, Sched. 1, s. 2. | ||
<b>Rights and responsibilities</b> | <b>Rights and responsibilities</b> | ||
(2) A person entitled to decision-making responsibility with respect to a child has the rights and responsibilities of a parent in respect of the child, and must exercise those rights and responsibilities in the best interests of the child | (2) <b><u>A person entitled to decision-making responsibility with respect to a child has the rights and responsibilities of a parent in respect of the child,</b></u> and must exercise those rights and responsibilities in the best interests of the child | ||
<ref name="Children"><i>Children's Law Reform Act,</i> R.S.O. 1990, c. C.12, <https://www.ontario.ca/laws/statute/90c12>, retrieved on 2025-07-25</ref> | <ref name="Children"><i>Children's Law Reform Act,</i> R.S.O. 1990, c. C.12, <https://www.ontario.ca/laws/statute/90c12>, retrieved on 2025-07-25</ref> | ||
Latest revision as of 19:51, 25 July 2025
| 🥷 Caselaw.Ninja, Riverview Group Publishing 2025 © | |
|---|---|
| Date Retrieved: | 2025-07-27 |
| CLNP Page ID: | 2270 |
| Page Categories: | Category:Personal Use Application (LTB) |
| Citation: | Affidavit - Minors (N12), CLNP 2270, <https://rvt.link/85>, retrieved on 2025-07-27 |
| Editor: | MKent |
| Last Updated: | 2025/07/25 |
Children's Law Reform Act, R.S.O. 1990, c. C.12[1]
Equal entitlement to decision-making responsibility,
20 (1) Except as otherwise provided in this Part, a child’s parents are equally entitled to decision-making responsibility with respect to the child. 2020, c. 25, Sched. 1, s. 2.
Rights and responsibilities
(2) A person entitled to decision-making responsibility with respect to a child has the rights and responsibilities of a parent in respect of the child, and must exercise those rights and responsibilities in the best interests of the child
Nagra v Brar, 2022 CanLII 127239 (ON LTB)[2]
5. I would note that the affidavit that accompanied the application was sworn by the Landlord, and not his children. The Landlord stated that he did not think it appropriate for his children to swear an affidavit because they are minors. The Act requires that a declaration be filed by the person that requires the unit. Because the Landlord failed to pay the required compensation, I do not need to decide whether a landlord who wishes the unit for the purposes of residential occupation by their minor children falls within the meaning of s. 48, or whether due to the minor status of the children the real substance of the application is the Landlord’s own use. I further do not need to decide whether, assuming a minor can be a person within the meaning s. 48(1)(c), those children would be required to swear an affidavit despite being minors. The Landlord may wish to consider these issues if they intend to refile.
References
- ↑ 1.0 1.1 Children's Law Reform Act, R.S.O. 1990, c. C.12, <https://www.ontario.ca/laws/statute/90c12>, retrieved on 2025-07-25
- ↑ 2.0 2.1 Nagra v Brar, 2022 CanLII 127239 (ON LTB), <https://canlii.ca/t/jv046>, retrieved on 2023-09-01
