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Coolbear · Oct 31, 2006, 07:06 AM

What is the Statute of Limitations in the Province of Ontario, Canada, regarding the launching of a civil suit for property damage and what must be done to interrupt such limitation?

CaptainForest · Nov 3, 2006, 10:47 PM

You will want to check out Ontario's <Limitations Act, 2002>

http://www.canlii.org/on/laws/sta/20...718/whole.html

Coolbear · Nov 4, 2006, 10:27 AM

:) Many thanks for your time Captain Forest .

The reference was exact and most helpful.

Have a great weekend!

Coolbear.

CaptainForest · Nov 5, 2006, 01:02 PM

You're welcome Coolbear.

auditone · Jun 15, 2010, 08:09 AM

Is there a statue of limitation in a customer claiming monies piad multiple times to a vendor and a vendor keeping that money?

JudyKayTee · Jun 16, 2010, 07:23 AM

Read the Statute as posted above.

irmais75 · Apr 16, 2012, 06:52 AM

My ex owes thousands of $$$ in child support, she quit her job after her many failed attempts to change costody, in 2009 she moved in to a home with boyfriend and he bought the house with inheritance , however he put in her name (my ex s) cause he claimed bankruptcy and could not get mortgage in his name or even as co signer, ex quit after this, FRO has placed lien on home, can she or they get out of the lien? Keep in mind she has lied munipulated the courts and her own lawyer as she has her own kids!?

AK lawyer · Apr 16, 2012, 07:29 AM

Originally Posted by irmais75

... FRO has placed lien on home, can she or they get out of the lien ?? ...

You should really start a new thread.

I'm wondering how this has anything to do with an Ontario statute of limitations.

You want to know if your claim against her for child support is trumped by this lien? It would depend upon the timing of the liens (assuming your child support judgment has been recorded as a lien); and the law of whichever jurisdiction you are in. Would that be Ontatio?

JudyKayTee · Apr 16, 2012, 07:52 AM

Originally Posted by irmais75

My ex owes thousands of $$$ in child support, she quit her job after her many failed attempts to change costody, in 2009 she moved in to a home with boyfriend and he bought the house with inheritance , however he put in her name (my ex s) cause he claimed bankruptcy and could not get morgage in his name or even as co signer, ex quit after this, FRO has placed lien on home, can she or they get out of the lien ?? keep in mind she has lied munipulated the courts and her own lawyer as she has her own kids !!!!! ????

This makes no sense - he bought a house with his inheritance. He cannot get a mortgage in his name so the house is in her name.

He either bought it with an inheritance OR he has a mortgage.

irmais75 · Apr 16, 2012, 08:17 AM

Ok he claimed bankruptcy in 2007, received a $50 thousand inheritance after and than put 30 thousand down on house, but because of the bankruptcy he could not secure mortgage in his name, so he put mortgage in my ex s name 2009 to buy house, in 2010 she quit her full time job , the FRO put lien on house that is solely in her name only , question is can he or she get out of lien, and avoid paying the child support arrears in the amount of 14 grand +++

JudyKayTee · Apr 16, 2012, 08:47 AM

When the house is sold any and all liens are paid FIRST, from the proceeds, then the cash is distributed to the parties who are selling.

I see no way for her to get "out from under."

He did not commit bankruptcy fraud if the facts are as you say.

AK lawyer · Apr 16, 2012, 09:02 AM

Originally Posted by JudyKayTee

... He did not commit bankruptcy fraud if the facts are as you say.

I beg to differ. I'm still unclear as to whether this is in Canada, the U.S. or elsewhere. But assuming it's the U.S, a bankruptcy debtor has a duty to report an inheritance (within 1 year I think it is) after filing for bankruptcy.

Despite the OP's last post, it is still confusing. Child support is due and payable without regard to ownership in real estate equity.

So I continue to assume that OP is asking whether her interest in the house could be sold to satisfy the child support. And the answer to this question would depend on whether OP perfected a lien on the house before the lien of the FRO (former record owner?) attached.

JudyKayTee · Apr 16, 2012, 09:19 AM

I thought we were talking about Canada - "thought" being the pivotal word.

I read it as there is already a lien on the property for back support and could the non-custodial parent get out from under that lien in some way that does not involve paying the lien "off."

Of course, we're talking to each other and OP is missing but...

mrsbugs · Jun 20, 2013, 11:10 AM

Its been seven years since a death which I was the executor in which the second beneficiary didn't accept his share of the money and now his estate wants it since he had died. He returned the check 6 years ago and now expects it.. is his estate intitled to it

JudyKayTee · Jun 20, 2013, 11:15 AM

Of course - unless the Executor got a written release. Where has the money been in the meantime?

The estate is (obviously) still open in the eyes of the court - ?