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Search: Posts Made By: Kinso
Forum: Divorce & Family Law 12-09-2019, 03:41 PM
Replies: 9
Views: 209
Posted By Kinso
If their income was relevant, one could argue...

If their income was relevant, one could argue imputation in these circumstances.
Forum: Divorce & Family Law 12-09-2019, 03:35 PM
Replies: 9
Views: 209
Posted By Kinso
Petition parliament for a change.

Petition parliament for a change.
Forum: Divorce & Family Law 12-07-2019, 12:16 AM
Replies: 3
Views: 138
Posted By Kinso
6 days (used to be 7) Donít count weekends.

6 days (used to be 7)

Donít count weekends.
Forum: Divorce & Family Law 11-27-2019, 10:39 PM
Replies: 1
Views: 143
Posted By Kinso
A lawyer is always a better choice, but, which...

A lawyer is always a better choice, but, which lawyer and how you use them are different questions.

Unless you have money to burn rely on your lawyer for legal advice, not emotional support....
Forum: Divorce & Family Law 11-27-2019, 10:19 AM
Replies: 34
Views: 874
Posted By Kinso
I'm going to disagree with stillbreathing in a...

I'm going to disagree with stillbreathing in a qualified manner.

Assessments are expensive (true) and sometimes useless depending on the facts of your case. There are circumstances where an...
Forum: Divorce & Family Law 11-27-2019, 09:11 AM
Replies: 34
Views: 874
Posted By Kinso
SD2K, you really need to sit with a lawyer who...

SD2K, you really need to sit with a lawyer who can give you advice based on the facts of your case. Users on this site can only speak in generalities, which is like getting medical advice from webMD....
Forum: Divorce & Family Law 11-26-2019, 12:28 AM
Replies: 9
Views: 244
Posted By Kinso
And you were unhappy with the outcome and are...

And you were unhappy with the outcome and are seeking the change it. Not exactly a compelling argument for self-representation.

Your analysis as to why you didnít like the outcome may be correct,...
Forum: Divorce & Family Law 11-25-2019, 11:41 PM
Replies: 9
Views: 244
Posted By Kinso
Before you embark on a change I suggest you get a...

Before you embark on a change I suggest you get a legal opinion from a lawyer. You are too close to the situation and cannot view it objectively. Finances may prevent you hiring a lawyer to run the...
Forum: Divorce & Family Law 11-25-2019, 11:30 PM
Replies: 9
Views: 244
Posted By Kinso
There is a whole bunch of cases on interpreting...

There is a whole bunch of cases on interpreting what constitutes a material change (which is legally different from a change.... not all changes are material)

The test for a ďmaterial changeĒ, as...
Forum: Divorce & Family Law 11-22-2019, 12:37 PM
Replies: 8
Views: 258
Posted By Kinso
You might need directions from the court pursuant...

You might need directions from the court pursuant to Rule 1(7).

You could bring another motion to change (this time custody) and then seek to merge the cases, but the counter staff will probably...
Forum: Divorce & Family Law 11-22-2019, 02:00 AM
Replies: 8
Views: 258
Posted By Kinso
No. A Form 35.1 is just in support of your claim...

No. A Form 35.1 is just in support of your claim for custody, your pleading (response to motion to change, potentially) will be where you put your claim.

You really need a lawyer. Itís a lot more...
Forum: Divorce & Family Law 11-22-2019, 12:51 AM
Replies: 8
Views: 258
Posted By Kinso
There is no value in submitting more evidence...

There is no value in submitting more evidence into the CR if youíre waiting on OCL involvement. Once the matter is set down for trial then you can plan out how you intend to bring your evidence to...
Forum: Divorce & Family Law 11-21-2019, 11:42 PM
Replies: 8
Views: 258
Posted By Kinso
You donít submit evidence into the Continuing...

You donít submit evidence into the Continuing Record unless itís in support of a particular motion.

Motions to change often get set down for trial, which is when you will provide your ďevidenceĒ....
Forum: Divorce & Family Law 11-09-2019, 11:12 PM
Replies: 29
Views: 1,662
Posted By Kinso
Have a process server pull his driverís license ...

Have a process server pull his driverís license
Or get court permission to serve him by email
Forum: Divorce & Family Law 11-08-2019, 03:40 PM
Replies: 8
Views: 364
Posted By Kinso
Two possibilities come to mind. 1....

Two possibilities come to mind.

1. 'Reserved' was supposed to be 'preserved', and the consented part of your agreement forms part of the final order. Judges are human and make mistakes.

2. The...
Forum: Divorce & Family Law 10-23-2019, 08:49 AM
Replies: 11
Views: 391
Posted By Kinso
It would be a bad idea to not reply, and you...

It would be a bad idea to not reply, and you should get proper legal advice.

Child support can be ordered in your absence and without your evidence of your income they could impute income to you....
Forum: Divorce & Family Law 10-22-2019, 12:21 AM
Replies: 3
Views: 206
Posted By Kinso
With consent or court order. Not as of right.

With consent or court order. Not as of right.
Forum: Financial Issues 10-20-2019, 02:14 PM
Replies: 2
Views: 129
Posted By Kinso
Taxes owning (even if not yet assessed by the...

Taxes owning (even if not yet assessed by the CRA) are a liability that should be reflected in your financial statement.

Now, depending on the value of assets sold, your marginal tax rate and...
Forum: Divorce & Family Law 10-19-2019, 04:03 PM
Replies: 34
Views: 763
Posted By Kinso
I can see how this sounds tempting but isn't...

I can see how this sounds tempting but isn't always wise. For simple matters where the law is inconsequential this might be helpful. Certain parenting decisions are a good example. Often there isn't...
Forum: Divorce & Family Law 10-18-2019, 03:30 PM
Replies: 34
Views: 763
Posted By Kinso
Could be a couple sessions, could be months, or...

Could be a couple sessions, could be months, or years. Depends how much you guys have to fight about and how (in)flexible one of both of you are.

If there are terms of settlement these will often...
Forum: Divorce & Family Law 10-18-2019, 03:19 PM
Replies: 34
Views: 763
Posted By Kinso
Absolutely. I would be very skeptical of a...

Absolutely. I would be very skeptical of a mediator who did not require briefs. This strikes me as similar to a 'doctor' performing surgery in his van.

However, there is nothing at law that...
Forum: Divorce & Family Law 10-18-2019, 11:08 AM
Replies: 34
Views: 763
Posted By Kinso
Mediation isnít a regulated process like court....

Mediation isnít a regulated process like court. The need for briefs would be set by the mediator. Youíll have to ask them.
Forum: Divorce & Family Law 10-17-2019, 07:21 PM
Replies: 34
Views: 763
Posted By Kinso
As I said above, we must be cautious before we...

As I said above, we must be cautious before we assume our personal experiences can be easily transferred to others.
Forum: Divorce & Family Law 10-17-2019, 05:44 PM
Replies: 34
Views: 763
Posted By Kinso
Itís certainly not an encouraging comment.

Itís certainly not an encouraging comment.
Forum: Divorce & Family Law 10-17-2019, 03:32 PM
Replies: 34
Views: 763
Posted By Kinso
The value (or lack thereof) of mediation isn't a...

The value (or lack thereof) of mediation isn't a "yes" or "no" question. In some cases it's great. In others, terrible.

People who approach negotiation in good faith but need help talking can...
Showing results 1 to 25 of 124

 

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