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Search: Posts Made By: OrleansLawyer
Forum: Divorce & Family Law 06-29-2018, 05:26 PM
Replies: 6
Views: 259
Posted By OrleansLawyer
For clarity on this point - the settlement...

For clarity on this point - the settlement conference judge will not be the trial judge; however, your case conference judge may conduct motions or the trial.
Forum: Divorce & Family Law 06-26-2018, 06:08 PM
Replies: 6
Views: 259
Posted By OrleansLawyer
This is incorrect.

This is incorrect.
Forum: Divorce & Family Law 06-13-2018, 03:52 PM
Replies: 1
Views: 166
Posted By OrleansLawyer
A short list: Nadine Crowley Valerie...

A short list:
Nadine Crowley
Valerie Morinville
Chantal Bourgeois
Janet Claridge
Forum: Divorce & Family Law 06-05-2018, 04:57 PM
Replies: 1
Views: 112
Posted By OrleansLawyer
No. Yes. You only need to...

No.



Yes.



You only need to enter anything here if you want parts of your agreement to be made into a court order.
Forum: Divorce & Family Law 05-31-2018, 11:18 AM
Replies: 5
Views: 198
Posted By OrleansLawyer
The judges make endorsements to tell the next...

The judges make endorsements to tell the next judge what has happened.
Unless there is something outrageous the judge from a few weeks/months before would not remember anything specific about your...
Forum: Divorce & Family Law 05-30-2018, 11:24 AM
Replies: 5
Views: 198
Posted By OrleansLawyer
Yes, you may have the same judge.

Yes, you may have the same judge.
Forum: Divorce & Family Law 05-30-2018, 11:20 AM
Replies: 2
Views: 199
Posted By OrleansLawyer
Immediately contact trial coordination to...

Immediately contact trial coordination to schedule a date before the judge to address this. You may want to have a lawyer do this, since polite correspondence of "I think there was a mistake" from a...
Forum: Divorce & Family Law 05-30-2018, 11:18 AM
Replies: 3
Views: 174
Posted By OrleansLawyer
This is sloppiness, not anything nefarious. ...

This is sloppiness, not anything nefarious. DivorceMate auto populates forms; on the confirmation form, the lawyer checks the nature of the appearance and the date of the appearance however the rest...
Forum: Divorce & Family Law 05-02-2018, 06:40 PM
Replies: 13
Views: 543
Posted By OrleansLawyer
Many people hold the view that the tax court got...

Many people hold the view that the tax court got it wrong in that case; the law is developing. CRA still tells people over the phone that the "for convenience only" wording is acceptable, and meets...
Forum: Divorce & Family Law 05-02-2018, 06:38 PM
Replies: 37
Views: 2,437
Posted By OrleansLawyer
I suspect because the bulk of the case was about...

I suspect because the bulk of the case was about custody/access, rather than child support.



For clarity on this: FRO enforces support orders. What is a support Order?

“support order” means...
Forum: Divorce & Family Law 04-18-2018, 12:12 AM
Replies: 6
Views: 293
Posted By OrleansLawyer
This is a split custody situation, which falls...

This is a split custody situation, which falls under s.8 of the Guidelines:
Split custody
8. Where each parent or spouse has custody of one or more children, the amount of an order for the support...
Forum: Divorce & Family Law 04-03-2018, 12:07 PM
Replies: 2
Views: 212
Posted By OrleansLawyer
You do not "have to", but some judges will...

You do not "have to", but some judges will decline to award costs if you did not make an offer.
Forum: Divorce & Family Law 04-03-2018, 12:07 PM
Replies: 3
Views: 219
Posted By OrleansLawyer
Costs cannot be dealt with until you have the...

Costs cannot be dealt with until you have the trial decision - otherwise, how do you know who won?

Generally, the trial endorsement will end with something like, "The parties are encouraged to...
Forum: Divorce & Family Law 03-26-2018, 08:27 PM
Replies: 4
Views: 247
Posted By OrleansLawyer
Yes .

Yes .
Forum: Divorce & Family Law 03-23-2018, 11:48 AM
Replies: 4
Views: 247
Posted By OrleansLawyer
It is your choice. In most family cases, the...

It is your choice. In most family cases, the authorities relied on will be part of the factum; so the factum's index will read something like:
Tab 1 - factum
Tab 2 - divorce act section 15.2
Tab...
Forum: Divorce & Family Law 03-20-2018, 12:37 PM
Replies: 3
Views: 239
Posted By OrleansLawyer
They are filed in separate tabs.

They are filed in separate tabs.
Forum: Divorce & Family Law 03-19-2018, 09:31 AM
Replies: 7
Views: 434
Posted By OrleansLawyer
Legally: No. If you have an interim, interim...

Legally: No. If you have an interim, interim agreement then you can still bring a motion for interim access, followed by having a trial to decide final access.

There may be a disincentive to...
Forum: Financial Issues 03-14-2018, 09:08 AM
Replies: 7
Views: 334
Posted By OrleansLawyer
It does not matter where the money came from if...

It does not matter where the money came from if you had it on the marriage date. It could be a gift, it could be your savings, it could be in a house you own on the marriage date (but which is not...
Forum: Divorce & Family Law 03-13-2018, 05:29 PM
Replies: 7
Views: 434
Posted By OrleansLawyer
An interim, without prejudice access agreement...

An interim, without prejudice access agreement allows the parties to go to a motion to have the interim schedule set. They have settled access on an interim, interim basis without compromising their...
Forum: Divorce & Family Law 03-13-2018, 05:20 PM
Replies: 65
Views: 2,243
Posted By OrleansLawyer
A social worker will meet with your children,...

A social worker will meet with your children, usually once at each parent's home, and will then write up what the kids want.

It is cheaper than hiring a private clinician to get evidence as to the...
Forum: Divorce & Family Law 03-13-2018, 05:17 PM
Replies: 2
Views: 150
Posted By OrleansLawyer
Yes, it is acceptable and (if well written) the...

Yes, it is acceptable and (if well written) the judge will appreciate it.

In Ottawa, any motion 60 minutes or longer must have a factum but shorter motions still allow them.
Forum: Financial Issues 03-13-2018, 05:16 PM
Replies: 7
Views: 334
Posted By OrleansLawyer
It does not matter what form your assets or debts...

It does not matter what form your assets or debts take, only the numbers.

Equalization is calculated as your net worth on the separation date minus your net worth on the marriage date, subject to...
Forum: Financial Issues 03-12-2018, 10:42 AM
Replies: 7
Views: 334
Posted By OrleansLawyer
Your marriage date assets and debts are whatever...

Your marriage date assets and debts are whatever existed on the marriage date, in whatever form they were on that day.

If you had $50k in the bank on your marriage date, that is your asset. What...
Forum: Divorce & Family Law 03-09-2018, 04:53 PM
Replies: 13
Views: 518
Posted By OrleansLawyer
Ideally you settle for a discount at the start,...

Ideally you settle for a discount at the start, not the end - that is when the payor's position is strongest.

If the recipient, either discount at the start (get money sooner) or offer to settle,...
Forum: Divorce & Family Law 03-08-2018, 07:57 PM
Replies: 13
Views: 518
Posted By OrleansLawyer
Being able to articulate the relevant facts of a...

Being able to articulate the relevant facts of a case should be a threshold for "competent", rather than "good". The judge wants to know the facts. They want to make the right decision. The...
Showing results 1 to 25 of 500

 

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