How do you make an additional claim after filing ?

[OrleansLawyer]

What does such consent look like ?

Request it in writing (letter, e-mail).

The actual consent can be anything in writing, although most people will use the blank form (Form 0) and write "CONSENT" at the top, with a single line saying what they are consenting to you doing.

Is it like a consent to late file ?

Yes.

[OrleansLawyer]

Does anyone know how I go about seeking consent from her lawyer to amend my claim

Call, e-mail, letter or smoke signal to her lawyer:
"Dear counsel, I wish to amend my Application. I would like to do so on consent, to save the parties the cost of a procedural motion to amend my claim. Please respond within ten (10) days to indicate if you will consent to same."

As a courtesy, provide a Form 0 filled out to read, "the Respondent consents to the Applicant amending their Application by [date]", so all they need to do is sign it and return it to you.

[plainNamedDad44]

How do I seek consent from other party's lawyer to amend an application

Hi, Rule 11 of FLR says I can amend Application (with additional claims) on consent of "all parties". What does such consent look like ? Is it like a consent to late file ?

[plainNamedDad44]

I don't know, maybe you can set up some paperwork to prove that the investment was worth X at valuation date, therefore your share is X/2. If the investment loses value due to her inaction and you can show that you made best efforts to prevent it, can you request that if it ultimately sells for Y, your share at equalization remains X/2, but hers becomes Y-(X/2)?

Or maybe you can set the $100k aside in trust for her, not to be usable until the separation agreement is signed. That way, it will not be available to her to fund litigation, and it goes through the lawyers to pay things like fees and equalization before the remainder gets to her.

She'd rather lose money than be fair? What a selfish idiot.

Its really to bad.

Does anyone know how I go about seeking consent from her lawyer to amend my claim (rule 11) ? Is there a form ?

I will post this question in a fresh thread too.

[Rioe]

I don't know, maybe you can set up some paperwork to prove that the investment was worth X at valuation date, therefore your share is X/2. If the investment loses value due to her inaction and you can show that you made best efforts to prevent it, can you request that if it ultimately sells for Y, your share at equalization remains X/2, but hers becomes Y-(X/2)?

Or maybe you can set the $100k aside in trust for her, not to be usable until the separation agreement is signed. That way, it will not be available to her to fund litigation, and it goes through the lawyers to pay things like fees and equalization before the remainder gets to her.

She'd rather lose money than be fair? What a selfish idiot.

[plainNamedDad44]

Following up on Jeff's advice, a case conference can be a good venue to seek this permission, as it is a procedural order.


When did the depletion occur?
If during the marriage, then certainly, seek an unequal division if you believe the claim would be successful.
If after the marriage, then her depletion of her assets would not have an impact on equalization. However, it may have an impact on her ability to pay her equalization payment (in the event she owes you one).

I am a bit confused here. We have been separated since March 8. But we still currently hold joint investment assets that now require joint direction. Nothing has been divided. The depletion is a result of her refusing to provide joint direction to simply sell the investments that are tanking due to rising interest rates, unless she gets cash in advance, which I would not object to except that it may make her equalization of me more difficult and she could use the funds to work against me regarding other aspects of the proceedings.

So are the losses hers ? I don't believe so unless I pusue the variation in share due to this behavior. Am I thinking about this the right way ? I would certainly not behave the way she is.

[plainNamedDad44]

Just to clarify "stopping losses" would be selling everything and moving to cash. To further clarify, the investment house is aware of the separation and will only take dual instruction in writting, which as I mentioned she is refusing to provide, unless she gets $$$.

[plainNamedDad44]

Following up on Jeff's advice, a case conference can be a good venue to seek this permission, as it is a procedural order.


When did the depletion occur?
If during the marriage, then certainly, seek an unequal division if you believe the claim would be successful.
If after the marriage, then her depletion of her assets would not have an impact on equalization. However, it may have an impact on her ability to pay her equalization payment (in the event she owes you one).

OL, thank you. The situation is that we separated, so valuation date has been established. We have an investment account that contains our savings and is suffering due to increasing interest rates. I in writing told her this more than a month ago. She refused to stoping losses to us unless she received a very significant amount of money from the account ahead of any NFP calculations. I said no as I know she will have to equalize me. So the losses continue and she knows this. Is this not reckless depletion ? Is her behavior not "unconscionable" ?

[FB_]

Just for a little clarification here...

I recently had a case conference in Toronto for a motion hearing. We ended up settling in the hallway, which is fine.

That said, the conference was handled by a DRO, not a judge. I am not clear whether the DRO had any authority to sign an order.

My feeling is that a DRO is just a lawyer hired to mediate a confernce, and has no authority to sign an order. However that is just my feeling.

Can anyone clarify this for future reference?

I was told that a DRO cannot sign an order but would bring it to a judge to sign. Hopefully someone else can actually confirm.

[Mess]

Case Conference Order

Just for a little clarification here...

I recently had a case conference in Toronto for a motion hearing. We ended up settling in the hallway, which is fine.

That said, the conference was handled by a DRO, not a judge. I am not clear whether the DRO had any authority to sign an order.

My feeling is that a DRO is just a lawyer hired to mediate a confernce, and has no authority to sign an order. However that is just my feeling.

Can anyone clarify this for future reference?

[OrleansLawyer]

At this point, how do I make this additional claim ? By motion ?

Following up on Jeff's advice, a case conference can be a good venue to seek this permission, as it is a procedural order.

related to the reckless depletion that my spouse is undertaking, I would like to file a claim for an Variation in share siting 5(6)(d) of the FLA.

When did the depletion occur?
If during the marriage, then certainly, seek an unequal division if you believe the claim would be successful.
If after the marriage, then her depletion of her assets would not have an impact on equalization. However, it may have an impact on her ability to pay her equalization payment (in the event she owes you one).

[Jeff]

Rule 11 of the Family Law Rules deals with amending pleadings. In essence, you either need consent from the other side, or need to obtain permission from the court via a motion.

I don't know enough about your case, but you may want to consider whether amending pleadings at this point is the best use of your resources towards resolving your case.

[plainNamedDad44]

Hi, related to the reckless depletion that my spouse is undertaking, I would like to file a claim for an Variation in share siting 5(6)(d) of the FLA.

I have filed the app, she has answered, I have replied to her answer. I have attempted to bring a motion forward on an urgent basis to stop the depletion. Did not work.

At this point, how do I make this additional claim ? By motion ?