I accept the principles set out in Gonzalez v. Trobarovic, [2014] O.J. No. 4384 at 32. Uncorroborated criminal complaints by one spouse against another which result in the removal of one spouse from the home may require intervention of the court to ensure that the removed spouse’s property rights are protected and that the children’s best interests are safeguarded. I also adopt the principle in that case which cautions that a criminal charge against a spouse lies within the exclusive control of the Crown and the accused may not be in a position to immediately disclose his/her defence. That is, an uncorroborated criminal charge may not be given the weight suggested by the respondent when a child’s best interests are to be considered.
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