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Canada Law

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A

anna hardina

Guest
CanadaIn brief, I need a pension issue researched.

Specifically, my client's husband had his pension valued at age 62, 63.5 and 65. He was then fired from his employment after 37 years w/ cause and took his pension at age 55.

His counsel is refusing to have the pension re-valued for the purpose of equalization. My argument is that because equalization has not yet occurred, the fact that he is in receipt of his pension, the current value should be used to calculate the NFP.

Married 37 years; separated November 1, 2000; fired w/ cause October 2002; now in receipt of pension - 2003.

His counsel argues that retirement at 55 was not in contemplation at the date of separation and therefore not foreseeable that he would be fired and take early retirement.
 


I AM ALWAYS LIABLE

Senior Member
anna hardina said:
CanadaIn brief, I need a pension issue researched.

Specifically, my client's husband had his pension valued at age 62, 63.5 and 65. He was then fired from his employment after 37 years w/ cause and took his pension at age 55.

His counsel is refusing to have the pension re-valued for the purpose of equalization. My argument is that because equalization has not yet occurred, the fact that he is in receipt of his pension, the current value should be used to calculate the NFP.

Married 37 years; separated November 1, 2000; fired w/ cause October 2002; now in receipt of pension - 2003.

His counsel argues that retirement at 55 was not in contemplation at the date of separation and therefore not foreseeable that he would be fired and take early retirement.


My response:

You said, "CanadaIn brief, I need a pension issue researched."

Then, hire a paralegal in Canada to conduct your research. As it states in red words at the top of this page, "U.S. LAW ONLY."

IAAL
 
H

hexeliebe

Guest
Now how did I know you were going to respond to this one?:D

You should take a look at "mom's new boyfriend"...I'm about ready to strangle this woman!!!
 

I AM ALWAYS LIABLE

Senior Member
hexeliebe said:



"Now how did I know you were going to respond to this one?"

====================================


My response:

You know, sometimes I have to wonder about the people of Canada and their level of intelligence. They are the only foreign nation that can't read plain, simple English.

We don't have any persons from any other foreign nation writing to FreeAdvice, yet Canadians, for some unknown reason, have a difficult time differentiating their laws from ours, and apparently they don't understand the phrase "U.S. LAW ONLY." It doesn't mean "Canadian law, sometimes" - - it means what it says, and says what it means!

Incredible.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
anna hardina said:
"stop emailing me if you can not answer the question"

=================================

My response:

You give the impression that you're a Canadian attorney when you say, "my client's husband . . ." Is that a true statement? If that's a true statement, then that would lend credence to the belief that you're somewhat smart, that you're an educated person - - and one that can read and understand the English language.

It's not a matter of answering the question. Surely, as an attorney, you can certainly understand that there are differences in Canadian law and American law; e.g., our statutes on the subject, and our case law on the subject, are undoubtedly different.

So, how would quoting American law be of ANY help to you? And, certainly, you've heard of the words "jurisdiction" and "sovereignty", haven't you?

And finally, the words "can not" are supposed to be one word; i.e., "cannot."

IAAL
 
Last edited:

HomeGuru

Senior Member
anna hardina said:
stop emailing me if you can not answer the question
**A: and I would like to add that no one wants to email you. You probably signed up for email notification on this website when your thread gets responded to. Remove that function unless your are a US citizen.
 
H

hexeliebe

Guest
Well good morning HG;

Did you notice I changed my title just for you?:D
 

HomeGuru

Senior Member
hexeliebe said:
Well good morning HG;

Did you notice I changed my title just for you?:D
**A: And Good Morning to you too hexy.
What title? The stuck in the 60's? You had that title for awhile now so it's not new. Athough neither is music from the 60's.
 

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