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

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Old 03-20-2008, 04:04 PM
Heart-broken dad Heart-broken dad is offline
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Default Lost a motion, sell the house?

Okay.... So things didn't go as well as I thought they would and I recently lost a motion, and have to pay for her costs. Her first lawyer quit the case about one week before the motion. She hired that lawyer about two months before the motion was heard. I was handed a bill for $10,000 of lawyer fees for a 2 month period. Since I had no $10,000 bills on me that day, the judge ruled that I can pay some of it now, but most of it would be tied up to my share of the matrimonial home. Does that mean the house HAS to go up for sale? And does that mean that I have to pay interest on that amount until the house is sold?
Old 03-26-2008, 07:49 PM
logicalvelocity logicalvelocity is offline
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Heart-broken dad,

I'm not clear if the Judge made the inference or not. You could try to make arrangements to pay for the costs order. Generally an order may accrue interest from the date of the order which is generally about the prime rate of interest.

See section 129 of the Courts Of Justice Act

Postjudgment interest

129.(1)Money owing under an order, including costs to be assessed or costs fixed by the court, bears interest at the postjudgment interest rate, calculated from the date of the order.

Interest on periodic payments

(2)Where an order provides for periodic payments, each payment in default shall bear interest only from the date of default.

Interest on orders originating outside Ontario

(3)Where an order is based on an order given outside Ontario or an order of a court outside Ontario is filed with a court in Ontario for the purpose of enforcement, money owing under the order bears interest at the rate, if any, applicable to the order given outside Ontario by the law of the place where it was given.

Costs assessed without order

(4)Where costs are assessed without an order, the costs bear interest at the postjudgment interest rate in the same manner as if an order were made for the payment of costs on the date the person to whom the costs are payable became entitled to the costs.

Other provision for interest

(5)Interest shall not be awarded under this section where interest is payable by a right other than under this section. R.S.O. 1990, c. C.43, s. 129.
For determination of applicable Interest rate see Sub Section 127(2) of same.

Calculation and publication of interest rates

(2) After the first day of the last month of each quarter, a person designated by the Deputy Attorney General shall forthwith,

(a) determine the prejudgment and postjudgment interest rate for the next quarter; and

(b) publish in the prescribed manner a table showing the rate determined under clause (a) for the next quarter and the rates determined under clause (a) or under a predecessor of that clause for all the previous quarters during the preceding 10 years. 2006, c. 21, Sched. A, s. 18.
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