Sentences with phrase «equalization payment»

Many Albertans find it rich that Quebec — which provides families with subsidized daycare and offers university tuition at less than half the rate of other provinces — criticizes Ottawa for capping equalization payments in 2009 to the rate of the economy's increase.

With respect to (4) and (5), the ONCA set aside the motion judge's lump sum spousal support order, without prejudice to the mother's right to bring another motion for lump sum support, noting that the motions judge's analysis on this issue was lacking and that his approach supported the conclusion that the underlying purpose of his lump sum spousal support award was merely to convert the mother's unpaid equalization payment into lump sum spousal support following the father's bankruptcy.

Indeed, transfers and regional equity are enshrined in Section 36 of the 1982 Constitution Act and Section 36 (2) reads: «Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.»

This was a motion for security for costs of the appeal, on the grounds that the wife's appeal of a spousal support and equalization payment order was frivolous and vexatious and that the wife had insufficient assets in Ontario to pay the costs of the appeal.

Some Canadian courts have imputed an income of somewhere between 3 per cent and 4 per cent on large equalization payments.

Kraft v. Kraft, 1999 CanLII 3732 (ON CA)-- Appeal granted to determine an appropriate equalization payment.

(1) that the audi alterem partem rule meant that the motion judge could not fix his own equalization payment figure — but rather, he had to choose one of the figures proposed by the wife; and

If you had to pay equalization payments or alimony in divorce, would the practice have sufficient cash flow to survive?

If one spouse receives property at a higher value than the other spouse, you may have to agree to a community property equalization payment from the wife or husband with more value to the wife or husband of less valuable property.

Ms. Ruizhen represented in her e-mail that she allegedly living in China and was seeking to retain my firm to assist her with the collection of an outstanding property settlement equalization payment, in the sum of $ 468,450 USD.

The province with the highest per capita equalization payment in 2011 - 12 was PEI with $ 2,350, followed closely by New Brunswick with $ 2,185.

In fact, in the half - century history of federal equalization payments, Alberta has been a net benefactor to the other provinces every single year — usually by huge margins.

As well, Croak notes that there's greater job inequality in the U.S.. For instance, in Canada, equalization payments between the provinces have helped make the steps on the ladder that you need to climb less wide than in the U.S. «In comparison, the U.S. has several pockets of poverty, especially in the South,» says Corak.

Zavarella v. Zavarella 2013 ONCA 720 Family Law — Husband and wife — Marital property — Distribution orders — Equalization payments About two weeks before she was married, a future wife, with debts of $ 49,838.70, made an assignment into bankruptcy.

The plaintiff was to receive a nominal equalization payment.

If the spouses wish to allow for a second equalization payment, they must specify that in a separation agreement.

A Chapter 13 bankruptcy man enable you to discharge debts that wouldn't be dischargeable under other chapters of the bankruptcy code, such as marital dissolution equalization payments.

We did not seize the legislature or suspend equalization payments.

The appellant father appealed the motion judge's child support, spousal support, and equalization payment ruling, submitting that:

[In contrast to support claims, equalization payment debt does not survive bankruptcy.]

(4) the motion judge erred by ordering the father to pay lump sum support to the mother in an amount equal to the outstanding equalization payment;

Recently I wrote «How Does an Unpaid Equalization Payment Intersect with Bankruptcy?»

Note that this outcome pertains to unpaid equalization payments only, which readers will know is the amount that spouses must pay to each other in order to equalize their respective Net Family Property as part of their division of assets.

From a legal standpoint, the motion judge's ruling effectively circumvented the distinction in law between the types of award: Unpaid equalization payments got swept into the husband's bankruptcy and evaporated once he was discharged, while spousal support obligations did not.

As a matter of law, therefore, the calculation of the division of assets and resulting equalization payment must always precede any support analysis.

Moreover, the motion judge was wrong to deal with the unequal division claim at the pleadings stage, because such a determination can only be done after the usual equalization payment is calculated.

The husband did not list the potential equalization payment as a debt, nor did he list the wife as a creditor.

In a short judgment, the province's top court ruled in favour of the husband, who claimed that the couple's original separation agreement barred a fresh equalization payment when they split up again.

Under that contract, the wife waived support and equalization payments in exchange for a long - term stream of employment income, and other benefits.

have imputed an income of somewhere between 3 per cent and 4 per cent on large equalization payments.

In response to (1), the ONCA noted that «this is not how summary judgment motions work» and held that the motion judge properly considered the evidence, applied the statutory framework, and determined the appropriate equalization payment.

In Dodman, the ONCA explained that you don't need to self - fund your own equalization payment.

about an interesting distinction in Canadian law: a claim for unpaid equalization payment is «swept into» a paying spouse's bankruptcy, whereas claims for unpaid child or spousal support can survive it.

Alberta, B.C. and Saskatchewan received no equalization payments and Ontario became a recipient province getting about $ 171 per person.

That's the per capita figure for the $ 1.1 billion in territorial formula financing (equalization payments) given to Nunavut in the 2011 - 2012 fiscal year.

The Federal govermnent and provincial government have mostly financial issues between them (Equalization payments) and political issues (separation of powers).

We don't have major federal funding earmarked for schools, but we do have equalization payments that (I believe) are more robust than the US federalist model.

As a common - law couple, no one is entitled to equalization payments — payments made from one spouse to another to create an equal division of the assets.

Answer: Yes, if your ex-husband is obligated to make an equalization payment that has been ordered prior to him filing bankruptcy, then you become a creditor in the bankruptcy.

Question received: I have an equalization payment owed to me.

If he is able to obtain a discharge from bankruptcy, then the equalization payment is discharged with the other debts.

Answer: Yes, if your ex-husband is obligated to make an equalization payment that has been ordered prior to...

Another consideration is that if the deceased was married at the time of their death — to a step - parent, for example — that person may be entitled to an election under the Family Law Act to receive an equalization payment and make a potential claim against the estate.

Premier Kathleen Wynne is demanding that Flaherty compensate Ontario for slashing $ 641 million from its equalization payments, while Quebec's Parti Quebecois government warned against any «ugly surprises» in this year's budget that could provoke new squabbles.

Canada has a federal process called «equalization payments.»

According to the Family Law Act, non-married couples are not entitled to the property division regime known as the equalization payment.