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

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  #1  
Old 06-11-2013, 07:17 PM
Beyond4D Beyond4D is offline
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Question Now Disabled plea for discharge of Legal Aid debt.

Hi,

After a lengthy custody battle, things will finally get settled soon. However, I now find myself disabled with severe arthritis and a $25K bill from Legal Aid Ontario.

Legal Aid also has a lien against the matrimonial home in the amount of $7K.

As part of the original separation agreement 6 years ago and equalization payments, my ex got the house and I got the debts. After 5 years of paying a consumer proposal, I've been able to clear all those debts and any other liens against the house.

It is the 3rd ticket I open with Legal Aid (thus almost $25,000). They tried to lien the house for the other two tickets, but had to withdraw because of the separation agreement. However, the original ticket is still secured against the house....I guess because it was before the separation agreement?


I have been on Ontario Works since the fall of 2011. Now disabled and still waiting for Disability to respond with an answer, puts me in a negative cash flow situation forcing me to move into something even smaller and rely on the food bank even more.

My question:

Is there a way of getting Legal Aid Ontario to discharge the lien and the debt because of Undue Hardship?

Last edited by Beyond4D; 06-11-2013 at 07:18 PM. Reason: typo
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  #2  
Old 06-12-2013, 09:25 AM
OrleansLawyer OrleansLawyer is offline
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Is there a way of getting Legal Aid Ontario to discharge the lien and the debt because of Undue Hardship?
Call them and negotiate.
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  #3  
Old 06-12-2013, 10:33 AM
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Tayken Tayken is offline
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Originally Posted by OrleansLawyer View Post
Call them and negotiate.
Agreed. LOA can setup a reasonable payment plan for you based on your actual income. Even if this means that you will be paying them 50$ a month or less. But, you will have to provide full and frank financial disclosure that outlines all your sources of income.

You can also make them a proposal and provide all the evidence in support of your proposed payment plan. Something similar to a consumer proposal for paying back debts.

Good Luck!
Tayken
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Old 06-12-2013, 01:21 PM
Beyond4D Beyond4D is offline
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Originally Posted by Tayken View Post
Agreed. LOA can setup a reasonable payment plan for you based on your actual income. Even if this means that you will be paying them 50$ a month or less. But, you will have to provide full and frank financial disclosure that outlines all your sources of income.

You can also make them a proposal and provide all the evidence in support of your proposed payment plan. Something similar to a consumer proposal for paying back debts.

Good Luck!
Tayken
Thanks for your reply.

How about if I offer them $1? Would a judge agree and discharge my debt since money was offered to clear the debt and it was refused? I wouldn't expect LAO to accept my $1 offer.
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Old 06-12-2013, 01:33 PM
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Originally Posted by Beyond4D View Post
Thanks for your reply.

How about if I offer them $1? Would a judge agree and discharge my debt since money was offered to clear the debt and it was refused? I wouldn't expect LAO to accept my $1 offer.
I wouldn't recommend it.

Someone please correct me if I am wrong but I don't think you can be discharged through bankruptcy for a LOA lien. I could be really wrong and I think there is a member of this forum who could answer this question better than myself. (WD?)

Good Luck!
Tayken
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Old 06-12-2013, 01:52 PM
Beyond4D Beyond4D is offline
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Originally Posted by OrleansLawyer View Post
Call them and negotiate.
Thanks for your reply. My question becomes where to start and who has the power to decide.

I've been watching Dean Clifford on youtube lately and if I understand correctly, all this trust law stuff is determined by the position played. I'm the beneficiary, the LAO is the trustee, yet who is the director of that trust? Me?

I am not a lawyer but have seen so many videos concerning this matter of how we get all tied up in this system of debt and I think Dean has something there. So, even at $50/month it would take forever to pay off, maybe never. I don't know what people call that but I feel like a slave. It's my own fault for not understanding what to do, but now I'm getting squeezed by the very system that is supposed to help me? We the people??? ha! We the enslaved or we the unknowing?

1) If I understand correctly, LAO is the trustee. Am I not the beneficiary and the director of my own trust?

2) What happens if I offer them $1 to settle this matter?
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Old 06-12-2013, 03:55 PM
OrleansLawyer OrleansLawyer is offline
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1) If I understand correctly, LAO is the trustee. Am I not the beneficiary and the director of my own trust?
With respect, you do not understand correctly.

Quote:
2) What happens if I offer them $1 to settle this matter?
I imagine they ask you, quite reasonably, why you should not live up to your contractual obligations.

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.
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Old 06-12-2013, 04:16 PM
Learner Learner is offline
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You should lay off the "Freeman" videos on You-Tube and discuss your situation with LOA as per the advice of the previous posters.
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Old 06-12-2013, 04:25 PM
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Tayken Tayken is offline
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You should lay off the "Freeman" videos on You-Tube and discuss your situation with LOA as per the advice of the previous posters.
Ok, I know, totally inappropriate but, you did mention "freeman" and I have been waiting for an opportunity to post this case law...

‘MAITREYA’ ISIS MARYJANE BLACKSHEAR,
THE DIVINE HOLY MOTHER OF ALL IN/OF CREATION’
AND ALL ISIS NATION ESTATES

v.

HER MAJESTY THE QUEEN, ET AL
CANADA MINISTER OF JUSTICE
AND ATTORNEY GENERAL
ROBERT DOUGLAS NICHOLSON
CANADA DEPUTY MINISTER OF JUSTICE
AND ATTORNEY GENERAL
WILLIAM F. PENTNEY
ALBERTA MINISTER OF JUSTICE AND SOLICITOR GENERAL JONATHAN DENIS ALBERTA DEPUTY MINISTER OF JUSTICE RAY BODNAREK

Blackshear v. Canada, 2013 FC 590 (CanLII)
Date: 2013-05-31
Docket: T-533-13
URL: CanLII - 2013 FC 590 (CanLII)
Citation: Blackshear v. Canada, 2013 FC 590 (CanLII)

Quote:
[4] The allegations set out in the 84 page pleading are for the most part unintelligible and consequently difficult to summarize. The Plaintiff states that she is the “Divine Mother of All in/of Creation. She also claims to be the only one authorized and qualified to fill the See of Rome. The Plaintiff is seeking damages against the Alberta Crown and the Federal Crown on behalf of “Tiamat Ki-Earths Kaneh Bosm Signatory Tribal Nations’ and “Independent Spiritual International Signatory (ISIS) Nation Estates” in an astronomical amount of over one hundred and eight quadrillion dollars. The Plaintiff claims damages based on breach of covenant, breach of trust, fiduciary duty and obligations, false imprisonment, and other injustices.
It is not often that you see a reference to Tiamat in case law! I don't think the litigant in this matter was referring to the other Tiamat I was hoping for...

Good Luck!
Tayken

Last edited by Tayken; 06-12-2013 at 04:30 PM.
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Old 06-12-2013, 04:26 PM
OrleansLawyer OrleansLawyer is offline
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You should lay off the "Freeman" videos on You-Tube and discuss your situation with LOA as per the advice of the previous posters.
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.
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