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Search: Posts Made By: OrleansLawyer
Forum: Divorce & Family Law 11-14-2017, 11:17 AM
Replies: 5
Views: 249
Posted By OrleansLawyer
That seems reasonable. Considering your posts,...

That seems reasonable. Considering your posts, there must be a lot going on in your case. A consultation with a lawyer, or a sit down with your local Family Law Information Clinic, sounds like a...
Forum: Divorce & Family Law 11-08-2017, 08:03 PM
Replies: 41
Views: 842
Posted By OrleansLawyer
1 - If the other side is smart about it, the...

1 - If the other side is smart about it, the start of the motion will involve all of your submissions-in-the-affidavit being struck. They are not evidence. Example in paragraph 9: "As a result of...
Forum: Divorce & Family Law 11-08-2017, 12:19 PM
Replies: 26
Views: 848
Posted By OrleansLawyer
If she lies in affidavits, and you have proof to...

If she lies in affidavits, and you have proof to the contrary, then that would constitute perjury and would be actionable.

However, I do not see how this would be brought ex parte.



If there...
Forum: Divorce & Family Law 11-08-2017, 10:06 AM
Replies: 26
Views: 848
Posted By OrleansLawyer
I understood that the matter was set down for a...

I understood that the matter was set down for a motion/hearing date. Move forwards with your case; if the other side isn't doing their job that is their problem.

Are you prejudiced by an...
Forum: Divorce & Family Law 10-30-2017, 04:33 PM
Replies: 4
Views: 176
Posted By OrleansLawyer
If your down-payment is in the house, are you the...

If your down-payment is in the house, are you the joint owner? If yes - you own 50% of today's value of the house.

Your lawyer is correct that the important number for separation is the value at...
Forum: Divorce & Family Law 10-30-2017, 12:53 PM
Replies: 26
Views: 848
Posted By OrleansLawyer
The word you are looking to include is...

The word you are looking to include is "peremptory".
Forum: Divorce & Family Law 10-27-2017, 01:40 PM
Replies: 26
Views: 848
Posted By OrleansLawyer
How serious of a car accident are we talking...

How serious of a car accident are we talking about? Were there injuries, or did this waste 3-4 hours to get run through the station and have the car towed to a shop?

If serious injury, a judge is...
Forum: Divorce & Family Law 10-27-2017, 01:31 PM
Replies: 23
Views: 684
Posted By OrleansLawyer
If you both used up the days then it would seem...

If you both used up the days then it would seem reasonable to split the cost.

A more complicated formula/method could be worked out through reasonable negotiations (such as who gets to burn...
Forum: Divorce & Family Law 10-25-2017, 12:12 PM
Replies: 23
Views: 684
Posted By OrleansLawyer
Why were the days missed? DISCLAIMER: ...

Why were the days missed?



DISCLAIMER:
Everything said in this, and any other, message is not intended to be taken as legal advice. I do not hold myself out to be a lawyer, adult or literate....
Forum: Divorce & Family Law 10-24-2017, 01:21 PM
Replies: 4
Views: 249
Posted By OrleansLawyer
No; separate issues. This becomes more...

No; separate issues.



This becomes more complicated. The answer is going to depend on whether you are negotiating or in court, and what your lawyer's strategy is on the issue.



Assuming...
Forum: Divorce & Family Law 10-24-2017, 12:45 PM
Replies: 4
Views: 249
Posted By OrleansLawyer
Step-parent support, which occurs when a third...

Step-parent support, which occurs when a third party takes on the role of a parent to the child (known from the Latin as being in loco parentis), is a complicated issue.

How much does the...
Forum: Divorce & Family Law 10-24-2017, 12:35 PM
Replies: 23
Views: 684
Posted By OrleansLawyer
Generally, subsidized daycare must be used. ...

Generally, subsidized daycare must be used. There are a certain number of allowed "missed" days per year, after which the parent with the subsidy pays for the daycare they didn't use. It also puts...
Forum: Divorce & Family Law 10-24-2017, 12:30 PM
Replies: 5
Views: 259
Posted By OrleansLawyer
Have a settlement conference then go to trial.

Have a settlement conference then go to trial.
Forum: Divorce & Family Law 10-22-2017, 09:28 PM
Replies: 1
Views: 188
Posted By OrleansLawyer
Affidavits are sworn documents. They can be used...

Affidavits are sworn documents. They can be used to impeach her testimony if it differs from the affidavit.



Since she authored them it is assumed she has the documents.
Forum: Divorce & Family Law 10-17-2017, 07:31 PM
Replies: 10
Views: 314
Posted By OrleansLawyer
Most do not; it is a wishy-washy clause. If...

Most do not; it is a wishy-washy clause. If people are being reasonable, they will negotiate (with or without a mediator) and regardless of having the clause in. If they are not being reasonable,...
Forum: Divorce & Family Law 10-16-2017, 11:33 AM
Replies: 1
Views: 157
Posted By OrleansLawyer
Generally, if CRA calls it income (appears on...

Generally, if CRA calls it income (appears on Line 150) then it is income for support purposes.

The next issue is usually whether deductions from income accepted by CRA are included for child...
Forum: Divorce & Family Law 10-11-2017, 03:10 PM
Replies: 4
Views: 260
Posted By OrleansLawyer
Since there are more sentences and statements...

Since there are more sentences and statements than specific questions, I will make the following observations and hope it provides sufficient answer:

- costs are to be dealt with at each step...
Forum: Divorce & Family Law 10-10-2017, 02:58 PM
Replies: 13
Views: 693
Posted By OrleansLawyer
If both parties are barred from bringing a motion...

If both parties are barred from bringing a motion without consent, then your choices are:
1 - bring a motion, with the first head of relief being to see consent.
2 - procedural motion, either under...
Forum: Divorce & Family Law 10-10-2017, 11:59 AM
Replies: 11
Views: 495
Posted By OrleansLawyer
No. Access is not a custodial decision. If there...

No. Access is not a custodial decision. If there is an Order setting out the access schedule then that is to be followed until a new Order is made. It should not be breached unless there are very...
Forum: Divorce & Family Law 10-10-2017, 11:46 AM
Replies: 13
Views: 693
Posted By OrleansLawyer
You have two main options: 1 - pressure on the...

You have two main options:
1 - pressure on the opposing side. This is accomplished by motions to penalize them for failing to provide the disclosure (ie, rule 1(8) or contempt).
2 - motion for...
Forum: Divorce & Family Law 10-06-2017, 01:47 PM
Replies: 4
Views: 247
Posted By OrleansLawyer
What does it say about: - proof of expenses? ...

What does it say about:
- proof of expenses?
- consent from other party before incurring the expense?
- defining what is s.7 and what is a regular expense?
- timelines to pay?
Forum: Divorce & Family Law 10-06-2017, 01:15 PM
Replies: 4
Views: 247
Posted By OrleansLawyer
What does your order say as far as s.7 expenses? ...

What does your order say as far as s.7 expenses?

You may want to have the expenses set and to proceed through FRO for collection.
Forum: Divorce & Family Law 10-06-2017, 01:14 PM
Replies: 3
Views: 219
Posted By OrleansLawyer
The decision will be e-mailed from the judge's...

The decision will be e-mailed from the judge's assistant to you.

Judges have 6 months to rule on any motion or trial. Generally, this happens much faster.
Forum: Divorce & Family Law 10-02-2017, 01:14 PM
Replies: 8
Views: 373
Posted By OrleansLawyer
This is an issue that differs between the...

This is an issue that differs between the provinces.

In Ontario, property belongs to the person who purchased it (if there is no title). The value of the property owned at separation is subject...
Forum: Divorce & Family Law 10-02-2017, 01:04 PM
Replies: 12
Views: 843
Posted By OrleansLawyer
It is the latter. In any event before a...

It is the latter.

In any event before a judge (conference, motion, trial), the family law rules explicitly require the costs of that step to be set by the judge. This is not necessarily in either...
Showing results 1 to 25 of 500

 

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