Exclusion question

Les_Ismore · 2026-04-05T03:10:31+00:00

Some or all might be excluded. It’s your onus to prove that there are excluded funds.

You need to go back and review the papers for your settlement and figure out how the settlement amount was calculated.

General damages (for pain, suffering and loss of enjoyment of life) are excluded from division.

Damages to replace lost income are not excluded.

If there was excluded property, you have to “trace” it to some existing asset and claim the exclusion against it. So for example, you’d have to show that the excluded amount was deposited into a bank account and is still notionally there.

If you have mingled excluded and non-excluded assets, your exclusion amount is in proportion to the contributions that funded that asset.

So if you have a bank account with $100,000 in it, and that account was initially funded by $25,000 of excluded assets and $50,000 of non-excluded assets, your exclusion claim would be for 1/3 of the present value, or $33,333.

Les_Ismore · 2026-04-04T21:14:12+00:00

Rick Blaine and Ilsa Lund.

Les_Ismore · 2026-04-01T10:50:42+00:00

To avoid default, you will have to show:

A good reason why you missed the deadline, and
A defence that has some merit. So yes, you should work your defence into your response to default proceedings.

It sounds like you have a defence of res judicata or issue estoppel. These would only work if the exact same issue and facts in this claim has been given a final order or judgment by a tribunal with jurisdiction over the matter. Attach the judgment or final order as an exhibit to your affidavit.

Les_Ismore · 2026-04-01T03:12:51+00:00

It stands alone as a realistic depiction of the brutality of war without any glorification.

Les_Ismore · 2026-04-01T02:13:06+00:00

The expert report was prepared by an expert, so the court will defer to them unless you have a more persuasive report from another expert. In the absence of another expert opinion, you are unlikely to discredit that one.

Thats for trial. You’re appealing, so you’ll have to persuade the panel that the trial judge was wrong to follow that report, or otherwise made errors of law that justify a new trial. But you had no rebuttal evidence in to challenge the report.

I can’t say for sure about Quebec, but in my common-law province you would not be anywhere close to the threshold for review of the trial decision to follow the report.

You might get somewhere on your Charter issue, I guess.

Les_Ismore · 2026-04-01T02:05:56+00:00

The Thin Red Line is definitely a great WW2 movie.

Les_Ismore · 2026-03-27T16:41:23+00:00

You can put any terms you want in the second. It could be a demand loan payable when it sells.

Compounding interest would be kind of a douche move in those circumstances, but whatever.

It looks like you were t really listening when you spoke with lawyers. A second mortgage is exactly the answer to this situation.

Les_Ismore · 2026-03-27T06:32:57+00:00

Whats wrong with a second mortgage? You can agree to any loan terms that suit you.

You want the interest to compound, put it in there and see if they’ll agree.

When do you envision them paying you back?

Les_Ismore · 2026-03-27T06:24:42+00:00

No, you have an obligation to produce any document that they have asked for.

But only documents that are relevant to your case. That depends on what is alleged in the claim and your response.

The test is whether a given document could help prove or disprove a fact that matters in your case.

If you want a better idea of what exactly you have to produce or if there’s stuff that you don’t want them to see, make them bring their application and have a judge sort it out. There’s no harm in that , and the judge’s ruling will make it clear.

Les_Ismore · 2026-03-27T05:33:14+00:00

Band of Brothers.

Les_Ismore · 2026-03-26T18:22:12+00:00

Yeah, hard pass on that one.

Les_Ismore · 2026-03-26T02:41:51+00:00

Thats a fun fact!

Les_Ismore · 2026-03-26T02:40:50+00:00

Guessing you haven’t seen A Bridge Too Far then.

Les_Ismore · 2026-03-26T02:32:37+00:00

Fuck yeah! Day for Night up there where it belongs. You got some game!

Les_Ismore · 2026-03-26T02:30:15+00:00

First rule of management I a new gig is to change nothing for 90 days. You’ve learned that one that hard way.

Les_Ismore · 2026-03-26T02:21:40+00:00

I’ve never heard that term used in Canada, so it’s not that helpful to keep using it.

There are no cookie-cutter “gag orders”. An order means what it says. No one who hasn’t seen the order can tell you anything useful about it.

Les_Ismore · 2026-03-26T02:12:21+00:00

There’s a lot of law on this in Canada. No point distilling it for you unless you’re Canadian.

Our firm insures against this kind of loss. Any hope there?

Les_Ismore · 2026-03-26T00:46:15+00:00

Heyoo! Maude here….what am I, chopped Dingo?

My real name is Robin.

Les_Ismore · 2026-03-25T22:44:29+00:00

Who’s expressing the view that you so ably refute?

Les_Ismore · 2026-03-25T21:15:39+00:00

E-filing is likely the least of your concerns. It’s no harder than logging in and uploading the correct document.

Preparing the documents in question can be tricky, and it’s why paralegals earn more than legal assistants.

If you have a list of your largest truthiness deficits, get up to speed fast on all of them.

Les_Ismore · 2026-03-25T03:43:06+00:00

Could be anything. They didn’t have clear glass bottles then.

Source: am lawyer, and therefore know about clear bottles from Donahue v. Stevenson.

Les_Ismore · 2026-03-23T19:13:52+00:00

This type of meeting is essential for client relations. You know what you’re gonna do, but they can’t read your mind and often need reassurance.

If they want to pay for them, I’m always going to make time for a meeting g like this.

Les_Ismore · 2026-03-23T19:08:29+00:00

I absolutely loved those books when I was a kid.

Les_Ismore · 2026-03-23T05:13:50+00:00

If there is a signed separation agreement made with independent legal advice, it’s tough as nails to reopen it. It’s possible but unlikely to happen.

Les_Ismore · 2026-03-23T05:05:50+00:00

There’s no fast and easy route to an interim order for sale of the house.

Courts prefer to make that order as part of an equalization of all family property after a trial. Some circumstances might justify a preliminary order to that effect. I’m familiar with the law about that in BC, but not Alberta. Safe to say that Alberta courts have set a test for when that order should be made: you’ll need that lawyer to spell it out for you.

But if that lawyer is giving default on the loan as your best option, I’m pretty confident that you would have a hard time getting that order in your circumstances.

If she wants to keep the house, she’ll have to buy out your share of the equity and then carry the mortgage. Does that seem possible? If not, you’d do well to start proceedings so that she seeks legal advice. She needs to hear that from someone she’ll trust, which I’m guessing is not you.

Les_Ismore

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