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Search: Posts Made By: Kinso
Forum: Divorce & Family Law 08-14-2019, 09:19 PM
Replies: 10
Views: 217
Posted By Kinso
Family lawyer here. When I use my template,...

Family lawyer here.

When I use my template, it’s easy to give ILA on it because I’m already familiar with the content. If someone comes into my office with their own agreement, I have to review it...
Forum: Divorce & Family Law 08-04-2019, 04:21 PM
Replies: 6
Views: 325
Posted By Kinso
Three key parts: - In writing - Signed by...

Three key parts:

- In writing
- Signed by the parties; and
- Witnessed.


At best you've got 1 of 3. No signature and no witnessing.

Even if you could somehow convince a court you met...
Forum: Divorce & Family Law 07-21-2019, 07:43 PM
Replies: 35
Views: 1,033
Posted By Kinso
Judges and court staff make a salary, so they are...

Judges and court staff make a salary, so they are not incentivized by dragging matters out. Settling the matter of the day allows everyone to go home (for that day), so that's nice for them.

The...
Forum: Divorce & Family Law 07-21-2019, 04:37 PM
Replies: 6
Views: 325
Posted By Kinso
No. The Family Law Act states a domestic...

No.

The Family Law Act states a domestic contract must be signed and witnessed. The discussions leading to the ‘agreement’ are arguably covered by settlement privilege.

The value of the emails...
Forum: Divorce & Family Law 07-14-2019, 05:03 PM
Replies: 35
Views: 1,033
Posted By Kinso
I like the idea of legal aid being given to both...

I like the idea of legal aid being given to both sides as a form of balance. The notion that because someone does not qualify for LAO means they can afford a lawyer is ridiculous.

I'm not a fan...
Forum: Divorce & Family Law 07-13-2019, 08:40 AM
Replies: 35
Views: 1,033
Posted By Kinso
What would you suggest as an alternative billing...

What would you suggest as an alternative billing structure?
Forum: Divorce & Family Law 04-20-2019, 03:30 PM
Replies: 3
Views: 223
Posted By Kinso
You are the Respondent. It never changes. ...

You are the Respondent. It never changes.

See Family Law Rule 7(6).
Forum: Divorce & Family Law 04-19-2019, 11:14 AM
Replies: 4
Views: 253
Posted By Kinso
Rule 4(13) of the Family Law Rules: NOTICE...

Rule 4(13) of the Family Law Rules:

NOTICE OF MOTION TO REMOVE LAWYER
(13) Notice of a motion to remove a lawyer shall also be served on the other parties to the case, but the evidence in...
Forum: Divorce & Family Law 04-10-2019, 10:38 PM
Replies: 9
Views: 729
Posted By Kinso
No.... just no. You need to take that site...

No.... just no.

You need to take that site down.

And seek professional assistance.
Forum: Financial Issues 03-24-2019, 08:11 AM
Replies: 4
Views: 306
Posted By Kinso
DOM is $5,000 DOS is $11,000 or $14,000...

DOM is $5,000
DOS is $11,000 or $14,000 (depending on which value is used).
So the increase during the marriage was either $6k or $9k, and that increase is presumptively split.

However, you...
Forum: Financial Issues 02-24-2019, 09:46 PM
Replies: 1
Views: 263
Posted By Kinso
You're correct. There should be a disposition...

You're correct. There should be a disposition cost added to the DOM value.
Forum: Divorce & Family Law 02-24-2019, 08:56 PM
Replies: 5
Views: 391
Posted By Kinso
American courts have a concept called 'sidebar'...

American courts have a concept called 'sidebar' where counsel will approach the Judge to address a matter in court 'off the record'. This is not a Canadian concept and do not practice this here....
Forum: Divorce & Family Law 02-10-2019, 10:01 PM
Replies: 2
Views: 234
Posted By Kinso
Maybe. Do the minutes of settlement address the...

Maybe. Do the minutes of settlement address the issue of spousal support?
Forum: Divorce & Family Law 02-10-2019, 09:55 PM
Replies: 5
Views: 363
Posted By Kinso
One lawyer cannot represent two people. If you...

One lawyer cannot represent two people. If you want certificates of independent legal advice to be signed, you'll need two lawyers. Good lawyers will also require do financial disclosure even if you...
Forum: Divorce & Family Law 11-27-2018, 08:52 PM
Replies: 23
Views: 925
Posted By Kinso
You (and everyone else) canbe sued for anything....

You (and everyone else) canbe sued for anything. Anyone can issue a Statement of Claim asking for damages or equitable relief, no matter how baseless the claim.

Can you be sued successfully for...
Forum: Divorce & Family Law 11-01-2018, 01:01 PM
Replies: 18
Views: 725
Posted By Kinso
Reconciliation - typically refers bringing...

Reconciliation - typically refers bringing couples who have broken up back together

Reunification - typically refers to parents reconnecting with their children


Although technically...
Forum: Divorce & Family Law 09-28-2018, 02:42 PM
Replies: 5
Views: 474
Posted By Kinso
You said you filed a form 8A, which is used for...

You said you filed a form 8A, which is used for just a divorce application. You cannot then add on 'custody' like it's an afterthought.

You should have files and served a form 8, claiming divorce...
Forum: Divorce & Family Law 09-15-2018, 02:54 PM
Replies: 3
Views: 277
Posted By Kinso
The person who took the pictures should swear an...

The person who took the pictures should swear an affidavit noting the date and times of each photo. The pictures will be attached as the corresponding exhibits.
Forum: Divorce & Family Law 08-25-2018, 09:25 AM
Replies: 3
Views: 455
Posted By Kinso
True story.

True story.
Forum: Divorce & Family Law 08-25-2018, 09:25 AM
Replies: 10
Views: 643
Posted By Kinso
Actually working from home may be a material...

Actually working from home may be a material change. The new policy itself is not.

You may have to show the court how you are available to care for the children despite having work obligations....
Forum: Divorce & Family Law 02-05-2018, 09:39 PM
Replies: 11
Views: 1,303
Posted By Kinso
Interview three lawyers. Ideally: - Who do...

Interview three lawyers. Ideally:

- Who do family law exclusively, or >85% of their files;
- At least 5 years of experience; and
- Who you have a good gut feeling about

All lawyers have...
Forum: Divorce & Family Law 10-19-2017, 12:49 PM
Replies: 30
Views: 2,579
Posted By Kinso
Get one who doesn't stink?

Get one who doesn't stink?
Forum: Divorce & Family Law 06-21-2017, 09:13 AM
Replies: 6
Views: 1,620
Posted By Kinso
Phil Epstein doesn't do litigation anymore. ...

Phil Epstein doesn't do litigation anymore.

I won't recommend myself, but I do like Jennifer Watson, Heather Hanson and Aaron Franks All are litigators who are comfortable in court, I have...
Forum: Divorce & Family Law 04-08-2017, 01:08 PM
Replies: 9
Views: 853
Posted By Kinso
Why 14b and not a regular oral motion? If the...

Why 14b and not a regular oral motion? If the matter is truly an emergency it should be heard orally, not in chambers.

An example of an emergency order would be preventing her from leaving the...
Forum: Financial Issues 04-03-2017, 09:39 AM
Replies: 12
Views: 1,586
Posted By Kinso
Generally speaking I'd say no, but it depends on...

Generally speaking I'd say no, but it depends on your level of risk tolerance and chances of success.

If you have a greater than 80% chance of success as the law and facts are on your side, then...
Showing results 1 to 25 of 91

 

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