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So I still find myself unsure of what the Family Law Act intends either due to the intended meaning of the language and second my circumstance in several issues just do not match up to anything that is available to compare. Given this if anyone may have knowledge in where to look for a backup or support of the following:
Question 1. If the work accident/injury occured before the marriage:
All the cases reported concerning a spouse having an accident or injury happen between the date of marriage and date of valuation. In my case, my work accident actually occurred before we got married. Not by very long but it was 3 months - then all the following surgeries the next few years were tied back to the original accident date. Would the payments for damages (pain and loss enjoyment of life) for the injury paid during the marriage, which again were all tied back to the original accident not be part of the marriage at all? These damages would they not be considered to be existing as of the date of marriage so like any other property (not the MH) would it just be listed as if owned on the marriage like any other property with the only difference being any increase in value of the investments, kept seperate, would fall under the rule of exclusion?
As an extention to my last thread, I have spent the last months trying to get the circumstance of our issues verified first by the family act, then possibly with one of the published papers (I did find a couple on the internet and finally within a couple of decisions posted on CANLII where the judge made effort to bring a qualified analysis of how disability rulings have come in the past. I was actually quite surprized to find how small this group is and regardless of the writer or judge it is this very small group of cases dating back to the 80's that new decisions are based.
Question 1. If the work accident/injury occured before the marriage:
All the cases reported concerning a spouse having an accident or injury happen between the date of marriage and date of valuation. In my case, my work accident actually occurred before we got married. Not by very long but it was 3 months - then all the following surgeries the next few years were tied back to the original accident date. Would the payments for damages (pain and loss enjoyment of life) for the injury paid during the marriage, which again were all tied back to the original accident not be part of the marriage at all? These damages would they not be considered to be existing as of the date of marriage so like any other property (not the MH) would it just be listed as if owned on the marriage like any other property with the only difference being any increase in value of the investments, kept seperate, would fall under the rule of exclusion?
As an extention to my last thread, I have spent the last months trying to get the circumstance of our issues verified first by the family act, then possibly with one of the published papers (I did find a couple on the internet and finally within a couple of decisions posted on CANLII where the judge made effort to bring a qualified analysis of how disability rulings have come in the past. I was actually quite surprized to find how small this group is and regardless of the writer or judge it is this very small group of cases dating back to the 80's that new decisions are based.