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Search: Posts Made By: Kinso
Forum: Financial Issues Today, 08:37 PM
Replies: 1
Views: 28
Posted By Kinso
Your income for support purposes includes...

Your income for support purposes includes overtime.
Forum: Financial Issues Yesterday, 08:05 PM
Replies: 20
Views: 265
Posted By Kinso
Find out from the bank what the consequences are...

Find out from the bank what the consequences are for not renewing. Sometimes it just converts to an open mortgage at a higher interest rate. Not ideal, but not a forced sale.
Forum: Financial Issues 05-06-2021, 10:18 PM
Replies: 2
Views: 131
Posted By Kinso
Actually, with the existing Order and the recent...

Actually, with the existing Order and the recent Michel v. Graydon, 2020 SCC 24 case, you can probably ask for an adjustment back to the most recent final order.
Forum: Divorce & Family Law 05-02-2021, 10:07 PM
Replies: 4
Views: 513
Posted By Kinso
You don't need a 6B for an offer to settle. In...

You don't need a 6B for an offer to settle. In fact they shouldn't be filed with the court at all (until the Judge needs them for costs purposes).
Forum: Divorce & Family Law 04-26-2021, 08:38 PM
Replies: 5
Views: 304
Posted By Kinso
God your name is appropriate. Those who...

God your name is appropriate.

Those who recklessly infect others, or allow infections, should be charged.
Forum: Divorce & Family Law 04-22-2021, 05:55 PM
Replies: 4
Views: 349
Posted By Kinso
A memorandum of understanding is not necessarily...

A memorandum of understanding is not necessarily a domestic contract. Usually mediators don't draft domestic contracts.

Did it comply with the formal requirements of the Family Law Act? Signed...
Forum: Divorce & Family Law 04-18-2021, 10:17 AM
Replies: 22
Views: 771
Posted By Kinso
Oh its for sure freeman/OPCA nonsense. But you...

Oh its for sure freeman/OPCA nonsense. But you never know who else might read these posts. Ottdiv is likely a lost cause, but casual readers might be sucked into the nonsense.
Forum: Financial Issues 04-16-2021, 01:27 PM
Replies: 34
Views: 57,279
Posted By Kinso
You need advise and documents from a lawyer. Your...

You need advise and documents from a lawyer. Your situation has layers of complexity.
Forum: Divorce & Family Law 04-16-2021, 11:38 AM
Replies: 22
Views: 771
Posted By Kinso
I won't pretend one needs to be a lawyer to...

I won't pretend one needs to be a lawyer to understand the law or or make intelligent legal submissions. But this is a pretty arrogant statement and I suggest you get beyond it. Pride goes before the...
Forum: Divorce & Family Law 04-15-2021, 05:40 PM
Replies: 22
Views: 771
Posted By Kinso
100%. My discussion above is primarily academic....

100%. My discussion above is primarily academic. It will have very little application to family court in 2021.
Forum: Divorce & Family Law 04-15-2021, 01:39 PM
Replies: 22
Views: 771
Posted By Kinso
Law school? I can tell you that the CJA (or...

Law school?

I can tell you that the CJA (or any other statute) is not a comprehensive statement of the law as it exists. Our law has its origins in feudal England and has been evolving for...
Forum: Divorce & Family Law 04-15-2021, 11:55 AM
Replies: 22
Views: 771
Posted By Kinso
Yes, but the rules of equity do not apply to...

Yes, but the rules of equity do not apply to every claim. Claims under statute, common law, or contract are distinct from equity based claims.

This is a concept easier to illustrate with concrete...
Forum: Divorce & Family Law 04-15-2021, 09:20 AM
Replies: 22
Views: 771
Posted By Kinso
Your understanding is incorrect (or at least...

Your understanding is incorrect (or at least grossly oversimplified). You can commit crimes/unlawful acts and still access the justice system. The doctrine of unclean hands does not act as a blanket...
Forum: Divorce & Family Law 04-14-2021, 10:35 PM
Replies: 22
Views: 771
Posted By Kinso
It only applies to equitable claims (ie. trust...

It only applies to equitable claims (ie. trust claims, occupational rent). Most claims in family law derive from statute, where the doctrine is inapplicable.
Forum: Divorce & Family Law 04-12-2021, 03:21 PM
Replies: 1
Views: 171
Posted By Kinso
Is it possible the client's lawyer lied to them?...

Is it possible the client's lawyer lied to them? Or did the lawyer know he/she was misleading the court?

If the lawyer knows they are lying to the court, this could be misconduct and the law...
Forum: Divorce & Family Law 04-06-2021, 05:32 PM
Replies: 2
Views: 262
Posted By Kinso
The processes are new, so everyone is working...

The processes are new, so everyone is working without a net. However, I would serve/file a formal objection asap, lest a Judge deem you had notice and chose not to oppose.
Forum: Financial Issues 04-06-2021, 02:17 PM
Replies: 52
Views: 1,876
Posted By Kinso
Only if was earned income in the corporation in...

Only if was earned income in the corporation in the year it was taken out to purchase the investments. The devil is in the details which is why this forum is useful, but far from infallible.
Forum: Financial Issues 04-06-2021, 08:18 AM
Replies: 52
Views: 1,876
Posted By Kinso
Not exactly. Different businesses can justify...

Not exactly. Different businesses can justify holding onto different amounts of cash for genuine business purposes. For example, if I own a factory and I'm planning to expand operations with a new...
Forum: Divorce & Family Law 04-02-2021, 08:34 AM
Replies: 9
Views: 361
Posted By Kinso
Perjury - I suspect the mother's absence from...

Perjury - I suspect the mother's absence from Canada may have something to do with it.

Obstruction of Justice - this is not applicable.

Contempt of Court - the mother's absence from Canada...
Forum: Divorce & Family Law 04-01-2021, 02:22 PM
Replies: 5
Views: 324
Posted By Kinso
It will play out in family court in a balance of...

It will play out in family court in a balance of probabilities.

Dismissal, acquittal, or withdrawing criminally does not mean the family court is bound by the decision. It is possible to be found...
Forum: Divorce & Family Law 04-01-2021, 02:19 PM
Replies: 4
Views: 244
Posted By Kinso
You serve and file your materials in advance. If...

You serve and file your materials in advance. If you file additional materials then the other side should get a chance to reply to it. If the motion was already heard and the judge has not yet made a...
Forum: Divorce & Family Law 03-27-2021, 09:31 AM
Replies: 7
Views: 459
Posted By Kinso
If this matter is going to trial, and the ability...

If this matter is going to trial, and the ability to work is at issue, then this is not nearly enough. Letters by themselves aren't good evidence, and experts generally need to be approved by the...
Forum: Divorce & Family Law 03-19-2021, 08:38 PM
Replies: 5
Views: 394
Posted By Kinso
On zoom it won’t matter

On zoom it won’t matter
Forum: Divorce & Family Law 03-19-2021, 10:01 AM
Replies: 5
Views: 394
Posted By Kinso
Family lawyer here. I have worked with all of the...

Family lawyer here. I have worked with all of the below and have confidence in their skills:


Christine Marchetti - https://marchettileefamilylaw.com/
Jennifer Watson -...
Forum: Divorce & Family Law 03-18-2021, 05:24 PM
Replies: 2
Views: 292
Posted By Kinso
Also, don't convolute the opposing lawyer for...

Also, don't convolute the opposing lawyer for your ex. Lawyers (within reason) tell the court what their client tells them.
Showing results 1 to 25 of 335

 

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