Hi, before my marriage broke up in 2012, my father passed away in 2009 and left a trust fund for my three minor children, in which I alone am the Trustee. That will was probated and the trust runs under a CRA account number.
When my husband and I were still together in 2011 I invested the trust fund into two commercial properties through my ex as he is a commercial realtor. He is the nominee for the two building corporations on behalf of all the shareholders and property manages the buildings and he himself is also a shareholder. I am listed as a shareholder on behalf of three boys names 'XYZ Trust".
The trust has been receiving dividend since 2012. My ex and my divorce has gotten heated again and in December 2014, the dividend payments stopped coming. I continually asked what was going on and finally in April 2014, the ex sent me an invoice arbitrarily deciding that the trust owed him a personal guarantee fee that he had signed on the trust behalf back in 2011. This was never discussed, there was no contract, this is news to me and the ex has been keeping the dividends entirely to pay himself personally. So far he is kept in excess of 14,500.
I am self represented but get sparse advice from a lawyer when I need it. The lawyer recommended to me that the 'XYZ Trust' should start a claim against the corporations and my ex for breaking contract. Can I list more than one defendant on a claim? _____ Building Corp, _____ Building Corp and ex name as Nominee
It was also suggested that I personally sue the ex under our family law action number for breaking the agreement and said the boys could also be listed on the claim as they are shareholders and it's their trust being used as a pawn in this divorse. Although I'm not quite clear as to what I'd be asking for as far as remedies sought in the personal claim? Damages for...?
Opinions on the whole thing? I've got to get something going.
When my husband and I were still together in 2011 I invested the trust fund into two commercial properties through my ex as he is a commercial realtor. He is the nominee for the two building corporations on behalf of all the shareholders and property manages the buildings and he himself is also a shareholder. I am listed as a shareholder on behalf of three boys names 'XYZ Trust".
The trust has been receiving dividend since 2012. My ex and my divorce has gotten heated again and in December 2014, the dividend payments stopped coming. I continually asked what was going on and finally in April 2014, the ex sent me an invoice arbitrarily deciding that the trust owed him a personal guarantee fee that he had signed on the trust behalf back in 2011. This was never discussed, there was no contract, this is news to me and the ex has been keeping the dividends entirely to pay himself personally. So far he is kept in excess of 14,500.
I am self represented but get sparse advice from a lawyer when I need it. The lawyer recommended to me that the 'XYZ Trust' should start a claim against the corporations and my ex for breaking contract. Can I list more than one defendant on a claim? _____ Building Corp, _____ Building Corp and ex name as Nominee
It was also suggested that I personally sue the ex under our family law action number for breaking the agreement and said the boys could also be listed on the claim as they are shareholders and it's their trust being used as a pawn in this divorse. Although I'm not quite clear as to what I'd be asking for as far as remedies sought in the personal claim? Damages for...?
Opinions on the whole thing? I've got to get something going.
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