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Search: Posts Made By: Jeff
Forum: Financial Issues 02-13-2021, 06:14 PM
Replies: 7
Views: 250
Posted By Jeff
Both properties likely have capital gains....

Both properties likely have capital gains. However, the capital gains on a primary residence are not taxable and the capital gains on an investment property are. So that should be taken into account.
Forum: Divorce & Family Law 02-08-2021, 05:03 PM
Replies: 1
Views: 232
Posted By Jeff
Wording for CRA when setoff child support paid

I have been asked about this a few times, so here is sample wording for a separation agreement where the parties are paying child support based on the setoff amount:

Table Amount of Child Support...
Forum: Divorce & Family Law 02-01-2021, 04:07 PM
Replies: 2
Views: 169
Posted By Jeff
The motion for which leave was granted simply...

The motion for which leave was granted simply asks the court to separate the divorce itself from all other issues. Ie - it allows your ex to go ahead and get divorced without waiting for everything...
Forum: General Chat 12-09-2020, 03:50 PM
Replies: 3
Views: 1,143
Posted By Jeff
Wow! Thanks for the heads up.

Wow! Thanks for the heads up.
Forum: Financial Issues 11-25-2020, 10:04 PM
Replies: 1
Views: 497
Posted By Jeff
Normally, you would sent the entire return,...

Normally, you would sent the entire return, including all schedules and attachments.
Forum: Divorce & Family Law 11-21-2020, 03:02 PM
Replies: 1
Views: 176
Posted By Jeff
The draft order is form 25. You will need a...

The draft order is form 25.

You will need a financial statement as well if child support is an issue (form 13 or 13.1)

Prior to the motion, you will need to confirm it with the court (form...
Forum: Divorce & Family Law 11-21-2020, 01:37 PM
Replies: 3
Views: 251
Posted By Jeff
It does not matter that she has not lived there...

It does not matter that she has not lived there for over 10 years. That is only one ground on which a foreign divorce is recognised in Canada. There are other grounds, including her having a real and...
Forum: Divorce & Family Law 11-20-2020, 08:09 PM
Replies: 3
Views: 251
Posted By Jeff
Has there been a judicial decision that your...

Has there been a judicial decision that your foreign divorce is not recognised in Canada? Canadian courts recognise a foreign divorce where there is a "real and substantial connection" between the...
Forum: Divorce & Family Law 11-17-2020, 06:11 PM
Replies: 4
Views: 413
Posted By Jeff
Is your teleconference a First Appearance? ...

Is your teleconference a First Appearance?

Typically, in your situation, at the First Appearance, you would ask the clerk to note your ex in default. This means that you are permitted to proceed...
Forum: Financial Issues 10-13-2020, 05:57 PM
Replies: 11
Views: 1,504
Posted By Jeff
Merged this question with a thread on the same...

Merged this question with a thread on the same topic.
Forum: Parenting Issues 09-29-2020, 05:05 PM
Replies: 17
Views: 1,226
Posted By Jeff
Comments need to be limited to the issues....

Comments need to be limited to the issues. Personal attacks on members are not permitted.
Forum: Divorce & Family Law 09-28-2020, 07:23 AM
Replies: 11
Views: 786
Posted By Jeff
'Parent shopping'

'Parent shopping': Teens of divorced parents looking to switch households ahead of possible second lockdown
...
Forum: Divorce & Family Law 09-25-2020, 10:26 AM
Replies: 0
Views: 237
Posted By Jeff
The Moving Ontario Family Law Forward Act, 2020

From -
https://news.ontario.ca/en/release/58519/ontario-introduces-legislation-to-simplify-justice-system-for-families-and-protect-children



Making the appeals process clearer is certainly...
Forum: General Chat 09-24-2020, 09:43 PM
Replies: 6
Views: 1,414
Posted By Jeff
Sorry for the delay. Tapatalk should be working...

Sorry for the delay. Tapatalk should be working again. If there are any other issues, please let me know.
Forum: Divorce & Family Law 09-19-2020, 06:50 PM
Replies: 10
Views: 507
Posted By Jeff
The reply affidavit (step 3) is only supposed to...

The reply affidavit (step 3) is only supposed to deal with any new matters raised in the Respondent's affidavit. So there should not be anything else that the Respondent needs to state.

As a...
Forum: Divorce & Family Law 09-19-2020, 08:52 AM
Replies: 10
Views: 507
Posted By Jeff
Look at Rule 14(20) of the Family Law Rules - it...

Look at Rule 14(20) of the Family Law Rules - it sets out what evidence is permitted:


The following restrictions apply to evidence for use on a motion, unless the court orders otherwise:

1....
Forum: Parenting Issues 09-14-2020, 04:31 PM
Replies: 38
Views: 2,573
Posted By Jeff
Here is one that just came out in Ottawa that...

Here is one that just came out in Ottawa that favoured remote learning -

https://www.canlii.org/en/on/onsc/doc/2020/2020onsc5355/2020onsc5355.html

It is another decision by Justice Summers -
...
Forum: Parenting Issues 09-13-2020, 12:15 PM
Replies: 38
Views: 2,573
Posted By Jeff
The cases on this are starting to be reported,...

The cases on this are starting to be reported, and they generally favour in-class attendance unless there are specific elevated health risks.

The first one was Chase v Chase -
...
Forum: Common Law Issues 09-11-2020, 09:30 PM
Replies: 3
Views: 830
Posted By Jeff
You don't need to cohabit to be common law

From:

https://nationalpost.com/news/canada/no-home-or-kids-together-but-couple-still-spouses-appeal-court-rules/wcm/90a5dbfd-f0f9-4690-8525-e5e3205f50a6/

The sums of money involved are...
Forum: General Chat 09-11-2020, 08:15 AM
Replies: 6
Views: 1,414
Posted By Jeff
I will get this checked into.

I will get this checked into.
Forum: General Chat 09-02-2020, 05:49 PM
Replies: 5
Views: 1,280
Posted By Jeff
Divorcemate, which is the software normally used...

Divorcemate, which is the software normally used to make support calculations, permits one to enter any number of decimal places for the length of the relationship - e.g. 9.33 years.
Forum: Divorce & Family Law 08-31-2020, 07:32 AM
Replies: 3
Views: 321
Posted By Jeff
Check out Rule 5 of the Family Law Rules. ...

Check out Rule 5 of the Family Law Rules.


If there is anything related to custody or access in your case, it would need to be filed where the child ordinarily resides. In your case, that sounds...
Forum: Divorce & Family Law 08-30-2020, 11:49 AM
Replies: 2
Views: 314
Posted By Jeff
According to your previous threat - ...

According to your previous threat -

https://www.ottawadivorce.com/forum/showthread.php?t=23250

you already served and filed an application.

If you are in Ontario, you are going to have a...
Forum: Divorce & Family Law 08-07-2020, 07:59 AM
Replies: 3
Views: 637
Posted By Jeff
You can try serving her at work as well. ...

You can try serving her at work as well.


If it is not possible to serve her, you can bring a motion for substituted service, which is essentially asking the court for permission to serve her in...
Forum: Divorce & Family Law 07-24-2020, 12:17 PM
Replies: 14
Views: 1,047
Posted By Jeff
OP's question has been answered thoroughly and...

OP's question has been answered thoroughly and accurately, so closing this thread.
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