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  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 06-12-2013, 05:32 PM
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Tayken Tayken is offline
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Originally Posted by OrleansLawyer View Post
Or, since there is apparently an overabundance of time, the following case law should prove instructive:
CanLII - 2012 ABQB 571 (CanLII)

I can advise that it has been cited with approval in Ontario.
Lol! Great minds think alike? This OrleansLawyer is why anyone from the Ottawa area asks me about representation I point them in the right direction.

Good Luck!
Tayken
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  #12  
Old 06-13-2013, 12:19 AM
Beyond4D Beyond4D is offline
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Originally Posted by OrleansLawyer View Post
With respect, you do not understand correctly.
Am I not dealing with a trust (LAO)?
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  #13  
Old 06-13-2013, 12:22 AM
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Originally Posted by Learner View Post
You should lay off the "Freeman" videos on You-Tube and discuss your situation with LOA as per the advice of the previous posters.
Thanks for your advice.
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  #14  
Old 06-13-2013, 10:42 AM
OrleansLawyer OrleansLawyer is offline
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Am I not dealing with a trust (LAO)?
No.

Trust - "The right, enforceable solely in equity, to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary)."
Source - Black's Law Dictionary

Trust - "a trust is a relationship whereby property (real or personal, tangible or intangible) is held by one party for the benefit of another."
Source - Trust law - Wikipedia, the free encyclopedia

What you have is a debt. You signed a contract which permitted services to be provided for you, for which you would pay a portion of the costs thereof.

The services are the time and expertise of a legal professional, with no guarantees of success or progress.

You received this service. Consequently, you have a debt, as per your contract.

You may negotiate on this debt, most likely with a plea on grounds of compassion. However, throwing legal terms in the hope the uninitiated will bob their heads and agree is the fief of sophists and charlatans.
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Old 06-13-2013, 01:40 PM
SadAndTired SadAndTired is offline
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Originally Posted by OrleansLawyer View Post
However, throwing legal terms in the hope the uninitiated will bob their heads and agree is the fief of sophists and charlatans.
Made me chuckle. Quite possibly the best sentence ever on this site.
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  #16  
Old 06-19-2013, 04:51 PM
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Originally Posted by OrleansLawyer View Post
No.

You may negotiate on this debt, most likely with a plea on grounds of compassion. However, throwing legal terms in the hope the uninitiated will bob their heads and agree is the fief of sophists and charlatans.
Thank you for your response.

I guess we agree "Spophists and charlatans" exists. The only question in my mind remains who are they? I leave it alone.

Thank you for the forum. It's helpful.
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  #17  
Old 06-19-2013, 04:54 PM
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Originally Posted by OrleansLawyer View Post
No.

Please see the following:
http://www.legalaid.on.ca/en/info/ma...tributions.pdf
At part 4, it indicates that to obtain a waiver or compromise you should contact the client services department.
Thank you for your reply.

Based on what I read, it only applies to awards I would receive as part of a settlement? In my case none are expected.

So this means that there is nothing to negotiate?
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  #18  
Old 06-19-2013, 05:08 PM
OrleansLawyer OrleansLawyer is offline
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So this means that there is nothing to negotiate?
Call them up and talk to them. Offer them full financial disclosure of your current assets. Explain your financial situation for them and hope that they are willing to forego their claim on your assets.
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