Common law for 4 years - ex-partner was unemployed since May after taking a year off to complete her Master's Degree and has just accepted a two month contract (may become permanent) at $28 an hour or about 56k annualized. I have been unemployed since last November.
We are in mediation and have finally agreed to Joint Custody and 50/50 shared residential. We are down to a couple of issues here and I expect that they will be resolved.
I had to terminate my last lawyer as she did not forward to me a critical document. As a result, I incurred additional legal costs of around $2,000. After advising her that that I would be assessing the bill, she discounted it by $2,000 and will provide my file within 3 business days. I am currently looking for legal representation but am self representing now. I have a case conference coming up on Nov. 21
One of the issues I have is that my ex and I have is that she has not made a formal claim for property.
I am currently self representing and I received the following from her lawyer:
"At this point, Ms. XXX has not made a formal claim for property, but based on the previous correspondence between counsel, I trust it is clear that she intends to do so. I am hoping that the financial issues can be resolved by way of negotiation or mediation/arbitration once the parenting issues are dealt with, however, I would appreciate written confirmation that you will consent to the extension of any limitation periods if it becomes necessary. If you will not consent to an extension, I would ask that you serve your Application within seven (7) days so that Ms. XXX can make a formal Answer. I strongly suggest that you obtain legal advice on this issue if you have not already done so."
My question is: "what application do I have to file, if any"
It is my understanding that her lawyer failed to file a property claim within the statutory period and that is why she wants me to consent. Is there any reason why I should consent?
Other pertinent facts:
1) I owned my home debt free before I met her.
2) I remortaged it and purchased an investment property which I currently rent. Both properties are solely in my name. I paid for all renovations on both properties.
3) I paid all of the bills and mortgages during our relationship.
4) My daughter is currently 4 years old and has been in daycare for the past 3 years.
5) I have about 400,000 in RRSP and other assets.
6) I paid a significant amount of her education towards her Master's degree
7) She has clearly benefited from our relationship.
8) The only thing she paid for was food for herself if she did not go shopping with me and some clothes for my daughter.
9) She either worked or went to school except for the first 2 months after we had our daughter.
Thoughts?
We are in mediation and have finally agreed to Joint Custody and 50/50 shared residential. We are down to a couple of issues here and I expect that they will be resolved.
I had to terminate my last lawyer as she did not forward to me a critical document. As a result, I incurred additional legal costs of around $2,000. After advising her that that I would be assessing the bill, she discounted it by $2,000 and will provide my file within 3 business days. I am currently looking for legal representation but am self representing now. I have a case conference coming up on Nov. 21
One of the issues I have is that my ex and I have is that she has not made a formal claim for property.
I am currently self representing and I received the following from her lawyer:
"At this point, Ms. XXX has not made a formal claim for property, but based on the previous correspondence between counsel, I trust it is clear that she intends to do so. I am hoping that the financial issues can be resolved by way of negotiation or mediation/arbitration once the parenting issues are dealt with, however, I would appreciate written confirmation that you will consent to the extension of any limitation periods if it becomes necessary. If you will not consent to an extension, I would ask that you serve your Application within seven (7) days so that Ms. XXX can make a formal Answer. I strongly suggest that you obtain legal advice on this issue if you have not already done so."
My question is: "what application do I have to file, if any"
It is my understanding that her lawyer failed to file a property claim within the statutory period and that is why she wants me to consent. Is there any reason why I should consent?
Other pertinent facts:
1) I owned my home debt free before I met her.
2) I remortaged it and purchased an investment property which I currently rent. Both properties are solely in my name. I paid for all renovations on both properties.
3) I paid all of the bills and mortgages during our relationship.
4) My daughter is currently 4 years old and has been in daycare for the past 3 years.
5) I have about 400,000 in RRSP and other assets.
6) I paid a significant amount of her education towards her Master's degree
7) She has clearly benefited from our relationship.
8) The only thing she paid for was food for herself if she did not go shopping with me and some clothes for my daughter.
9) She either worked or went to school except for the first 2 months after we had our daughter.
Thoughts?
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