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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 03-07-2021, 11:50 PM
Kkc Kkc is offline
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Default Ex father business ventures

Some context...we went to try the new Tim's doughnut and my daughter ended up taping the entire car ride

The conversation came up about being responsible with money and saving it. My daughter is 8 and says my mom has money for us because we have chairs that we are saving.

I had no clue what she meant so I carried on saying how we invested some Xmas money into a plant company (marijuana stock..their RESPS) and did well...then my daughter says again we all have chairs in papas business. Ex father owns several businesses.


Now the question how can we get the details of ownership of his corporations. There is no way an 8 year old knows about such things. In addition, she was talking about it 11 minutes into her doughnut documentary so there is no way I can be accused of prompting her. Obviously if ex has shares in those businesses it can have massive implications on equalization.

And yes..the doughnut from Tim's was amazing
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Old 03-08-2021, 10:49 AM
Kinso Kinso is offline
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Money in chairs, lol. I forecast big returns in sitting!

Send then a letter asking for an affidavit attesting to her legal or beneficial interests in any provincial, federal or international corporations.

The affidavit request is interesting because it can make the other side think "oh they know something" when you have nothing more than suspicion. However, I've also used it when I do have the facts, and I want the other person to commit to their false narrative so I can undermine their credibility.
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Old 03-08-2021, 11:03 AM
arbortrail22 arbortrail22 is offline
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The real surprise here is that you made any money in "plant" investments.... we lost our shirt in private placements !
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  #4  
Old 03-08-2021, 01:02 PM
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Originally Posted by Kinso View Post
Money in chairs, lol. I forecast big returns in sitting!

Send then a letter asking for an affidavit attesting to her legal or beneficial interests in any provincial, federal or international corporations.

The affidavit request is interesting because it can make the other side think "oh they know something" when you have nothing more than suspicion. However, I've also used it when I do have the facts, and I want the other person to commit to their false narrative so I can undermine their credibility.
^^^ Brilliant.



What about a Form 20 Request for Information? I see that done all the time with a similar request. Puts the threat of a motion on them as well without explicitly saying you are going on motion.
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Old 03-09-2021, 12:00 PM
Kkc Kkc is offline
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thanks guys


yeah i told my mom to buy aphria at 1 dollar, she never got around to it

then I made her buy it (she manages the RESPs)..then boom it went crazy

we never bailed and bought back in


My buddy had a share of dispensary and my kids were calling him asking about the flower business to mess with him

i listened to my daughter's recording, i was telling them about the stock in flower companies, and she said "mom says we have chairs too" and I said I think me and your mom are talking about the same thing and she said no chairs in grandma's business, I said what shares? and she goes shares ya I don't know the word
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Old 03-10-2021, 08:38 PM
Kinso Kinso is offline
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Quote:
What about a Form 20 Request for Information?
Alright, for some reason people on this forum get as hot and bothered about Form 20s as a teenage boy who just discovered porn on the internet. Their value is grossly overstated.

There is no magic in a Form 20 Request for Information that doesn't also exist in a letter requesting the very same disclosure. Unless it is a Child Protection Case (where Rule 20(3) is triggered), they have no special power.

Requests disclosure (letter, Form 20, shouting from rooftops), if denied, bring a motion. End of story.

Last edited by Kinso; 03-10-2021 at 08:44 PM.
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Old 03-16-2021, 03:41 PM
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Quote:
Originally Posted by Kinso View Post
Alright, for some reason people on this forum get as hot and bothered about Form 20s as a teenage boy who just discovered porn on the internet. Their value is grossly overstated.

There is no magic in a Form 20 Request for Information that doesn't also exist in a letter requesting the very same disclosure. Unless it is a Child Protection Case (where Rule 20(3) is triggered), they have no special power.

Requests disclosure (letter, Form 20, shouting from rooftops), if denied, bring a motion. End of story.
I'll take a stab at the reasoning. FORM 20 does the threat of a motion on the form versus in a letter which often a negative advocate solicitors try to paint the requesting party as a "vexatious" litigant with. It narrows the BS arguments opposing counsel (and party) make about being "threatened" with going to court.

It is rooted in the fact that many of the posters are usually facing allegations of "domestic abuse" and many nefarious websites claiming that using the "legal system" is a form of "abusive behavior". Yes, it is absurd that using the legal system to resolve a matter could be construed as "abusive behavior" but, it does. These arguments are injected to create noise in the file by opposing counsel and simply to run up the other party's legal costs. As well, they use the emotion of the other party to try and trigger them to spend piles of money responding to an allegation that "has no legs". Happens all too often to people on this forum.

Putting someone on an aggressive defense is a legal tactic that all too many "negative advocate solicitors" use to run up the other party's bills. Turn the sale of the matrimonial home into a domestic violence claim and waste the 15 minutes you have in a motion into a quagmire of nonsense.

I have seen success with highly skilled legal counsel simply responding:

Your honor the instruction and deadlines to file a motion to resolve this kind disclosure request is simply stated on the form provided by this very court. It is puzzling as how my friend could present this as an argument in a motion that my client's filing of a motion as outlined on Form 20 is demonstrative of any kind of pattern of abusive behavior. My client is here trying to resolve the matter regarding this important disclosures being requested.

vs.

"They told their lawyer to threaten my client! NOW THEY ARE HERE USING THE LEGAL SYSTEM TO FORCE MY CLIENT TO DISCLOSE SOMETHING! They are so controlling! SEE! THIS IS AN EXAMPLE OF ABUSE! I READ IT ON THE INTERNET!!!"

It simply is using the words of the legal system on an official Form versus instruction given to a lawyer and put in a letter. Hard to argue against what a Form that is maintained by the legal system (and subsequently government) as being abusive. Basically you are just doing what is instructed on the Form.

Don't disagree that a letter does the same thing. But, often in family law, it is a matter of perspective. If one party is pushing a negative perspective I say don't feed the fire. Use the government supplied Form. Redirect the common "BS abusive argument" and let the other party's lawyer try to explain how the government is abusive.

Good Luck!
Tayken

Last edited by Tayken; 03-16-2021 at 03:50 PM.
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  #8  
Old 03-16-2021, 04:37 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Kinso View Post
Alright, for some reason people on this forum get as hot and bothered about Form 20s as a teenage boy who just discovered porn on the internet. Their value is grossly overstated.

There is no magic in a Form 20 Request for Information that doesn't also exist in a letter requesting the very same disclosure. Unless it is a Child Protection Case (where Rule 20(3) is triggered), they have no special power.

Requests disclosure (letter, Form 20, shouting from rooftops), if denied, bring a motion. End of story.

Should also note that if the information you want is completely irrelevant to your case, a form 20 and motion for disclosure will backfire. Form 20 and motion for disclosure should ONLY be used for relevant information that is being unreasonably withheld. For instance: support payors income. It should not be used for: copies of passports or renovation receipts.


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  #9  
Old 03-16-2021, 04:49 PM
StillPaying StillPaying is offline
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It may be perceived as something more by the other side, but form 20 and a simple request for info would be treated the same at trial. You would have to show why the request was ignored.
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