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Search: Posts Made By: Kinso
Forum: Divorce & Family Law 10-08-2020, 12:58 PM
Replies: 70
Views: 3,354
Posted By Kinso
No, this is not universally true. Unified...

No, this is not universally true.

Unified Family Court

In municipalities that have a unified family court (Hamilton, York Region, Durham Region, London, Waterloo), all family matters are heard...
Forum: Divorce & Family Law 10-08-2020, 11:51 AM
Replies: 70
Views: 3,354
Posted By Kinso
No argument there.

No argument there.
Forum: Divorce & Family Law 10-08-2020, 11:39 AM
Replies: 70
Views: 3,354
Posted By Kinso
Do not immediately fire your lawyer. I know it...

Do not immediately fire your lawyer. I know it feels huge, but it’s actually an easy error to make.

Instead, take a breath, book a meeting, and ask how your lawyer is going to make the error up...
Forum: Divorce & Family Law 10-04-2020, 10:49 PM
Replies: 2
Views: 114
Posted By Kinso
Yes. Your lawyer is correct. At trial you cannot...

Yes. Your lawyer is correct. At trial you cannot just show letters written by people or organizations are proof of anything. You need the someone to testify.

Your alternative is an affidavit, not...
Forum: Divorce & Family Law 10-03-2020, 11:18 AM
Replies: 16
Views: 547
Posted By Kinso
This is a tough question to answer. I am a family...

This is a tough question to answer. I am a family lawyer and even I find it difficult to give a summary of things to look for. Mainly because things such as how a client feels, or success rates are...
Forum: Divorce & Family Law 10-02-2020, 01:31 PM
Replies: 5
Views: 262
Posted By Kinso
Long answer: Sopinka on the Law of Evidence is...

Long answer: Sopinka on the Law of Evidence is the ‘go to’ resource for evidence issues. It is 1,704 pages in its current version and can be yours for $435.00...
Forum: Divorce & Family Law 10-01-2020, 10:32 AM
Replies: 16
Views: 547
Posted By Kinso
Preventing relocation on an interim basis is the...

Preventing relocation on an interim basis is the right move. Given that you have a shared custodial arrangement, you have a strong chance of success.

See Cox and Cox v. Darling, 2008 ONCJ at...
Forum: Parenting Issues 09-19-2020, 09:53 PM
Replies: 3
Views: 247
Posted By Kinso
The best clauses are one ls that work for your...

The best clauses are one ls that work for your unique situation, and address the conflict you and your spouse have.

The worst ones are pulled from the internet as if they have magical powers.
Forum: Divorce & Family Law 08-18-2020, 12:49 PM
Replies: 3
Views: 172
Posted By Kinso
Despite the lower rate you may not want to do...

Despite the lower rate you may not want to do this if the mortgage will soon be broken and a penalty fee applies.
Forum: Divorce & Family Law 08-15-2020, 04:07 PM
Replies: 3
Views: 223
Posted By Kinso
Yes a witness is often necessary. Anyone who...

Yes a witness is often necessary. Anyone who isn't the opposing party can do it.
Forum: Divorce & Family Law 08-08-2020, 08:05 PM
Replies: 9
Views: 492
Posted By Kinso
So cost submission were made and the lawyer...

So cost submission were made and the lawyer misrepresented the content of the offer? Ie. he said he offer was for 5 days and the offer was actually 6? Or something like that?

This is no where near...
Forum: Divorce & Family Law 08-08-2020, 01:57 PM
Replies: 9
Views: 492
Posted By Kinso
It depends. What was the lie? And what was the...

It depends. What was the lie? And what was the truth? Devil is in the details.
Forum: Divorce Support 07-31-2020, 09:09 AM
Replies: 7
Views: 1,288
Posted By Kinso
The complicated/expensive part isn't the...

The complicated/expensive part isn't the documentation, it's negotiating or establishing the terms of separation.

Once an agreement is made, I can draft a Separation Agreement in an hour (all...
Forum: Financial Issues 07-29-2020, 01:54 PM
Replies: 12
Views: 490
Posted By Kinso
His recourse is to file a motion to change the...

His recourse is to file a motion to change the agreement. If the court later determines the agreement was out of date or its terms were unreasonable, you could be liable for legal costs.

I...
Forum: Financial Issues 07-29-2020, 01:50 PM
Replies: 12
Views: 490
Posted By Kinso
I see, so he is unilaterally changing the terms...

I see, so he is unilaterally changing the terms of the agreement.

Then filing with FRO is correct. Threatening to file with FRO isn't going to get you anywhere.
Forum: Financial Issues 07-29-2020, 01:43 PM
Replies: 12
Views: 490
Posted By Kinso
(I'm editing my earlier post as I double checked...

(I'm editing my earlier post as I double checked the history here).

There are a number of missing pieces here. On one hand your said there is an amended agreement which is not being honoured....
Forum: Financial Issues 07-25-2020, 01:29 PM
Replies: 5
Views: 253
Posted By Kinso
Retained earnings can be 'imputed' to you as...

Retained earnings can be 'imputed' to you as income for support. The question is whether the earnings need to be retained for a bona fide business purpose.

A vague plan to 'grow the company'...
Forum: Divorce & Family Law 07-25-2020, 12:25 PM
Replies: 11
Views: 1,432
Posted By Kinso
There are lawyers that specialize in this. But...

There are lawyers that specialize in this. But they don't take these kind of cases on contingency (since it's hard to win), and it costs a lot to do.

It's not a function of fear.
Forum: Financial Issues 07-23-2020, 12:39 PM
Replies: 16
Views: 549
Posted By Kinso
I'm equally concerned for the poster as well as...

I'm equally concerned for the poster as well as the people who read but never point. Even if OP wouldn't make that error, others might. There is a reason lawyers write 'this isn't legal advice' over...
Forum: Financial Issues 07-23-2020, 10:38 AM
Replies: 16
Views: 549
Posted By Kinso
Then hire a lawyer. This forum is legal...

Then hire a lawyer. This forum is legal information only, which may or may not be applicable you.

What's the difference? A lawyer can ask you questions and gather more information that may be...
Forum: Divorce & Family Law 07-21-2020, 09:13 AM
Replies: 6
Views: 259
Posted By Kinso
I tend to say 'Applicant Wife' or 'Respondent...

I tend to say 'Applicant Wife' or 'Respondent Husband' (or mother/father).

Applicant/Respondent is generic, and when Judges read 20 briefs a day, it can be easy to confuse who is who.
Forum: Divorce & Family Law 07-20-2020, 12:45 PM
Replies: 8
Views: 396
Posted By Kinso
This doesn't make sense. There should be written...

This doesn't make sense. There should be written proof all the issues were resolved.
Forum: Financial Issues 07-18-2020, 09:00 AM
Replies: 13
Views: 357
Posted By Kinso
Equalization is as of the date of separation. Any...

Equalization is as of the date of separation. Any asset transfers after this date do not impact your entitlement to property division.

The faster you move the better.

If you don't have a...
Forum: Divorce & Family Law 07-18-2020, 08:52 AM
Replies: 6
Views: 365
Posted By Kinso
This case was appealed to the Federal Court of...

This case was appealed to the Federal Court of Appeal:

https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/127533/index.do?q=grenon

Which also makes for interesting reading.

Does not...
Forum: Financial Issues 07-18-2020, 08:50 AM
Replies: 13
Views: 357
Posted By Kinso
If your spouse dies and you are unhappy with...

If your spouse dies and you are unhappy with their will, you have the option of taking your rights under the Family Law Act, which includes a division of net family property.

After the property...
Showing results 1 to 25 of 259

 

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