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-   -   Can I ask for interest on my outstanding equalization amounts? (http://www.ottawadivorce.com/forum/f3/can-i-ask-interest-my-outstanding-equalization-amounts-21127/)

plainNamedDad44 06-15-2017 04:55 PM

Can I ask for interest on my outstanding equalization amounts?
 
Just what the title says.... just to incentivize things to move along.

Tayken 06-16-2017 10:22 AM

You can ask for anything but, will you get it is the better question...

plainNamedDad44 06-20-2017 03:45 PM

Quote:

Originally Posted by Tayken (Post 221574)
You can ask for anything but, will you get it is the better question...

Seems like I should. Its called prejudgment interest.

https://www.attorneygeneral.jus.gov....erestrates.php

https://www.canlii.org/en/on/onsc/do...&resultIndex=1

https://www.canlii.org/en/on/onca/do...&resultIndex=2

HammerDad 06-21-2017 11:59 AM

Quote:

Originally Posted by plainNamedDad44 (Post 221730)

Always as for pre and post judgment interest on anything that involves money. It is fairly standard.

plainNamedDad44 06-21-2017 02:27 PM

Quote:

Originally Posted by HammerDad (Post 221778)
Always as for pre and post judgment interest on anything that involves money. It is fairly standard.

Thanks HD, I think what I'll do is short motion to have my pleadings amended with pre and post judgement interest on equalized amounts. I will also seek retro CS on same motion.

I will make submissions that I had no idea that the process would take as long as it has and show that there has been a clear case of unjust enrichment.

Sound reasonable ?

as always thank you

PND

HammerDad 06-21-2017 02:45 PM

Quote:

Originally Posted by plainNamedDad44 (Post 221787)
Thanks HD, I think what I'll do is short motion to have my pleadings amended with pre and post judgement interest on equalized amounts. I will also seek retro CS on same motion.

I will make submissions that I had no idea that the process would take as long as it has and show that there has been a clear case of unjust enrichment.

Sound reasonable ?

as always thank you

PND

Actually, I wouldn't include pre-judgment interest now that I think about it. Generally that is for monetary claims for matters like loans, mortgages. Equalization isn't a settled matter or known sum. But asking for post judgment interest would be fine. It may be that it will actually encourage the person who owes to actually pay.

plainNamedDad44 06-21-2017 03:17 PM

Quote:

Originally Posted by HammerDad (Post 221788)
Actually, I wouldn't include pre-judgment interest now that I think about it. Generally that is for monetary claims for matters like loans, mortgages. Equalization isn't a settled matter or known sum. But asking for post judgment interest would be fine. It may be that it will actually encourage the person who owes to actually pay.

The money STBX owes is from an investment property acquired during the marriage. It was put in STBX's name for tax reasons. Since the date of separtion, she has been exclusively collecting rents and making income with my portion of it for nothing, i.e. no cost of funds.

Is this not unjust enrichment ?


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