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  • #16
    Thanks LV

    Right after the TMC the exes lawyer ran into the office and checked for available date. They called me and said if it was not agreeable that we would meet on the 11th.

    Can I go before the court and file a motion requesting an Order on the BF for full and frank disclosure even though he is not a party?

    News:

    Contacted Revenue Canada and they are interested in the BF for unreported income, secondly request to admit with her signature would be of interest to Revenue Canada as unreported benefits.And in turn the exes employer (he claims expenses for her benefits therefore they should be reported by the employee, hence implicating her employer) Can this be used as a bargaining chip. ie not reporting in exchange for a favorable settlement or would this be a settlement under duress if they accept and not binding.

    Thanks LV
    Please take care

    Comment


    • #17
      mcbroke,

      They called me and said if it was not agreeable that we would meet on the 11th.
      What are you meeting on the 11th for? Are you available for the 11th? If not advise them of such.

      Can I go before the court and file a motion requesting an Order on the BF for full and frank disclosure even though he is not a party?
      You could bring forth a motion for questioning. However, if you are unsuccessful in the motion your could be ordered to pay their costs. If you are successful, what will the questioning reveal. Is it worth the risk?

      News:

      Contacted Revenue Canada and they are interested in the BF for unreported income, secondly request to admit with her signature would be of interest to Revenue Canada as unreported benefits.And in turn the exes employer (he claims expenses for her benefits therefore they should be reported by the employee, hence implicating her employer) Can this be used as a bargaining chip. ie not reporting in exchange for a favorable settlement or would this be a settlement under duress if they accept and not binding.

      In essence, I wouldn't waste too much time on what the BF is reporting to revenue Canada on his income tax. That matter is between CCRA and the BF. Don't lose focus of needs and means. Be careful what you assert without absolute proof. You could use the information in a closed session back room private negotiation. They may not care.

      lv

      Comment


      • #18
        My goal is credibility and needs and means

        Thank you so much LV. I'm sorry LV,the 11th is the date in court to decide the trial date. Is there anything I should prepare. They will go before the judge and state that they have a date secured in November with the Registrar while I have no more time available off work until at the earliest end of February. I am also having injections over a three week span in November and possibly into December. They will argue that that their client is anxious to resolve the issue, will this have a bearing on the judge. Should I prepare anything?

        The reason I contacted Revenue Canada, is because all three parties are involved or are going to testify at the trial have either committed tax evasion, or fraud as I contacted the investigations branch already. This I think would reduce the credibility of the exes Financial Statement and anything that her employer would testify as to her benefits.With this in mind Revenue Canada determines her income to be higher that benefits me as the truth is revealed. She did not report her benefits on her income tax I have a copy, but in all probability the owner of the franchise can deduct the cost of the benefit to reduce his taxes.

        My son worked for the BF before the split, on weekends and was paid in cash. The BF works on weekends for cash, something that Revenue Canada is interested in cracking down on. I know the address of one of the houses he built on the weekend and will report that. All it takes is one and it opens the investigation.

        In regards to a motion, what are my best chances of success?
        1)FInancial Examination of ex
        2) Full and Frank Disclosure from the ex
        3)Full and Frank disclosure form the BF.

        What are costs involved in a Motion? Are they expensive?
        What can I expect them to argue?

        Should I try another request to admit to obtain further information before I file a motion?


        Thanks LV,
        Please take care

        Comment


        • #19
          One more thing....

          As stated in the Applicants request to Admit the bf is paying her 50% of her living expenses. Should this not be included as Income. As stated in the exes FInancial statement it does not include Part 1 Income #9 Rent, Board received, the amount is zero. It stipulates Include all income and other money that you get from all sources, whether taxable or not. She has not included money that she has received from him. Is the a reach? or sustainable for a motion of full and frank disclosure.

          Thanks again everyone.
          Mcbroke going over with a fine tooth comb

          Comment

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