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  #11 (permalink)  
Old 04-07-2014, 12:47 PM
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Ok folks another question? How do you know which form to use for financials? 13.1 or 13.0? Other party is making a claim for unjust enrichment and it was a common law relationship.
How do you "read" the form if there is no marriage? How do you properly apply this to a CL situation?
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Old 04-07-2014, 12:57 PM
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Originally Posted by viewfromthecheapseats View Post
Ok folks i have a question? How do we find the form to request an extension on the thirty days allowed to respond to an application? I have had no success with my internet search.

Is there a way to file a response if there are not yet any taxes filed? My partner tried to file his response but was told that they can't be accepted without notice of assessments and income tax forms.

Thanks in advance for any help!

Viewfromthecheapseats
You need to go with a consent for late filing. The form isn't available on the justice Canada website, unfortunately. There are two ways to get the form:

1 - call your ex's lawyer and let them know you are requesting consent to late file, they will fill out and send you a form to sign and return.

2 - SOMETIMES the FLIC office will have one that you can use - sometimes. It is part of the divorcemate software so not publicly available.

Or....you can follow this handy dandy link I came up with to get info and a copy of the form...

BLOG.WIKILAWS.CA: Consent to Late Filing

Follow the directions and you'll be fine.
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Old 04-07-2014, 01:06 PM
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He went to the FLIC who said since there is no court date yet to serve anyways. I will point him to your website...it looks like it will come in handy. TY so much for that link! Any ideas on how to handle the financials? Do you just give an approximation for dates with a CL situation? Do you basically ignore the terms Marriage and Marital Home?
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  #14 (permalink)  
Old 04-07-2014, 02:04 PM
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Quote:
Originally Posted by viewfromthecheapseats View Post
Ok folks another question? How do you know which form to use for financials? 13.1 or 13.0? Other party is making a claim for unjust enrichment and it was a common law relationship.
How do you "read" the form if there is no marriage? How do you properly apply this to a CL situation?
Which form did they serve you?

Form 13.0: If you are making or responding to a claim for support but NOT making or responding to a claim for property or exclusive possession of the matrimonial home and it's contents.

Form 13.1: If you are making or responding to a claim for property or exclusive possession of the matrimonial home and it's contents OR you are making or responding to a claim for property or exclusive possession of the matrimonial home and it's contents with other claims for relief.

Quote:
Originally Posted by viewfromthecheapseats View Post
He went to the FLIC who said since there is no court date yet to serve anyways. I will point him to your website...it looks like it will come in handy. TY so much for that link! Any ideas on how to handle the financials? Do you just give an approximation for dates with a CL situation? Do you basically ignore the terms Marriage and Marital Home?
Yes, you would serve even if there is no court date already. Mine was like this as well, the opposing counsel had simply not filed yet. A bit of a gong show when it came to my filings, however they said it actually came across better for me that they had not filed yet as I appeared more proactive and organized.

Yes, ignore the verbage used, the judge will be made aware upfront that it is a common law division.

Here's a good read on unjust enrichment and some recent changes:

Lefebvre & Lefebvre LLP | Cohabitational Unjust Enrichment and the Small Claims Court

And another:

Canada's top court decision makes it easier for common law spouses to get a fair share when separating - nelligan | o'brien | payne
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Old 04-07-2014, 02:51 PM
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Thank you Blinkandimgone. They were interesting articles...at least we know what to expect.
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Old 04-07-2014, 03:05 PM
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Always good to have a clear understanding of both sides of the issue
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