How can the rights and remedies provided under the provisional federal rules of the proposed Act be accessed?
The provisional federal rules are there to be accessed by those who need them, in circumstances that require the protection offered by the court system, but this does not mean that individuals must access the court system in order to resolve matrimonial real property issues. Many individuals may be able to come to agreement on division of property or temporary exclusive occupation on the breakdown of a marriage or common-law relationship or rely on existing traditional systems for resolution. As a result of the legislation, however, accessing the court system would be an option available to them. The rights and remedies provided in the provisional federal rules are accessible through the provincial and territorial court systems. The proposed regulations to this bill will include provisions to increase access to justice for applications made under the federal rules. For example, individuals will be able to apply for an emergency protection order by telephone, email or fax. Should a spou
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