Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
 
Thread Tools
  #1  
Old 10-07-2010, 09:58 PM
PandaMuse PandaMuse is offline
Junior Member
 
Join Date: Apr 2009
Posts: 15
PandaMuse is on a distinguished road
Question Request for Dismissal?

I have been searching for a form to file with the courts to request a dismissal (based on the limitation act expiration) Does anyone know if one exists, or is it something that has to be brought up during trial?

Any help is greatly appreciated.
  #2  
Old 10-08-2010, 10:04 AM
rwm1273's Avatar
rwm1273 rwm1273 is offline
Senior Member
 
Join Date: Sep 2010
Location: Alberta, but would rather be in Africa.
Posts: 518
rwm1273 is an unknown quantity at this point
Default

What kind of issue is it that has expired?
  #3  
Old 10-08-2010, 02:53 PM
PandaMuse PandaMuse is offline
Junior Member
 
Join Date: Apr 2009
Posts: 15
PandaMuse is on a distinguished road
Default

SS, unjust enrichment, and constructive trust.
  #4  
Old 10-08-2010, 03:22 PM
limer limer is offline
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

Once application is begun, I'm pretty sure that there will be 365 days if nothing is done on the case. Is there leave in your case which would affect the automatic dismissal.

In any event, my ex just tried to dismiss my pleadings as you are contemplating.

It didn't work since as the judge iterated in quoted case law that it often leads to further litigation.
  #5  
Old 10-08-2010, 11:49 PM
PandaMuse PandaMuse is offline
Junior Member
 
Join Date: Apr 2009
Posts: 15
PandaMuse is on a distinguished road
Default

365 days has passed since the claims were filed without a trial date being set. However, her lawyer had obtained an extension of 12 months, to keep the ball rolling.
My claim is based on her filing when she moved out which was 5 years after the relationship had ended. The limitation act states (forgive me for paraphrasing) that a claim must be filed within 2 years of a reasonable person realizing that a wrong has been made.
I expect that the judge would want this proved during the trial, I just want to ensure that a judge will not ignore it because we have not filed the proper paperwork.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
F22 Request to Admit: how to? WorkingDAD Divorce & Family Law 14 12-12-2018 02:45 PM
Request to Admit Filing Kenny Divorce & Family Law 1 10-11-2011 04:27 PM
OCL Request & Dening Access Questions MamaDM Divorce & Family Law 32 11-22-2010 02:45 PM
Should I drop special expense request? mummer1962 Parenting Issues 1 01-04-2010 09:32 AM
What form do I need to request a transcript of the proceeding? independentgal Divorce & Family Law 2 02-09-2009 10:20 PM


All times are GMT -4. The time now is 07:36 AM.