Well guys, I am back.
I hoped not to have to bother you but my X did make a claim for even more money at Small Claims Court. He now wants $18,500 instead of $17,000.
I tell you, I feel very sick about the whole thing. I can not concentrate on school because of this.
I fight hard not to but did see him. He convinced me he changed and I wanted to believe him and was willing to try again, and he promised not to take me to court too.
He did something stupid again so I called it off even before we started!
A few days later (last week), I get this Plaintiff Claim where he made his claim against me. Now I have 20 days to make my own respond.
Where do I begin???
It is not family court. A friend said maybe he will try to prove I did not live with him. I can prove I rent my apartment and have many pictures of me living in his house.
The paper stated he must attach any documents to make his case but he did not, or I don't get to see them. I don't know.

Is somebody have some good advice? Will the court happen soon?
Any advice is very much apreciated.

Michelle

Hello again everyone.
My X emailed me saying he will proceed next week to file a small claim for the $17,000 he say I owe him.
What can I do?
Do I need to talk to a lawyer which I can NOT afford.
I really do think he will do this now.
Will the court just direct him to family court?
How long do I have before I must go to court?

Will the court give me time?
There is so much to do and I am now getting worried.
Any advice (for me or against me) would be very helpful.
I thank you for your time.
Michelle 42

Like I mentioned, from what you stated, it seems he's merely huffing and puffing. Angry because his "control scheme" didn't pay off and now he wants his investment money back. He's probably moved on to someone else by now, who has taken your place. Such behaviour patterns generally repeat themselves.

As for any mid-August court date, I'd be really skeptical there's anything to it. If he had gone to Small Claims Court, they would have referred him to Family Court. Besides, lawyers rarely appear in Small Claims Court because they charge $400 to $600 an hour and recovery of fees for a successful plaintiff is capped at around $150. (Not sure what the exact amount is currently.) As well, it takes months for it to come to trial AND there's a mandatory pre-trial settlement conference. In other words, what he's saying is all bullstuff.

I would read the links I gave you for background information and not spend any money consulting a lawyer until when and if he launched any action. But, as I said before, I'm sure it's all bluffing.

No, I'm not a lawyer or involved in the justice system. But I've seen what happened when relationships go on the rocks.

Thank you WB. You seem very knowledgable with this kind of thing. Are you a lawyer or somehow involved in the justice system? I will keep you all informed of the unfolding events.
If you can think of anything else I should be aware of, I will check this thread every day.
He says he will begin proceedings in mid August.
Mich

In my previous post, I should have added that the very way he has phrased his case, 'I kept all the receipts as proof of paying your bills', is indicative of a setup. It's suggestive of someone who's gone through this escapade before.

Obviously, the idea is to make himself appear as the victim who you took advantage of, not the converse. I think the courts are experienced in seeing through such scenarios; nevertheless, it's still important for you to have at least a summary record of his manipulative behaviour. And if you were living together for a year, there possibly were others who were witness to what was going on.

Naturally, if you can afford a short consultation with a lawyer, it would be best. On the other hand, you could always wait to see if he starts an action. But it doesn't sound like he even knows what court system he needs, so probably it's all a bluff. Why not read the 2 links I sent, as well as a few others for perspective, before talking to a lawyer; that is if you choose to do so at all.

We lived together for just one year.
My uncle sponoured me.
I met him here.
He said he has kept the receipts as proof of paying 'my bills'.
and that would be all he would need, with his 'good' lawyer.
He was always so willing to be there for me and help me with my school ($11,000) and the other stuff...all small $100, $50, $200, etc.

The bad ending is still with me and I don't have the desire to meet anyone since then.
What does he need to have to win his case? Just bills?
I gave him the ring back without him asking. He took it back so many times that I beat him to it the last time.
Will I need a lawyer?
I appreciate your help. It helps me understand the system here.
Michelle

Doesn't sound like a whole lot to worry about. You were living together for less than 3 years, and apparently no Habitation Agreement was signed. Futhermore, I think your partner is in error. Small Claims Court is designed to handle CIVIL disputes over personal property and debts, not FAMILY disputes. I think he means Family Court, which also deals with common law breakups.

In your case, we have a manipulative controlling man who, as a means of obtaining and retaining control over you, gave you a number of gifts. The fact that they were given as gifts indicates nothing was expected in return, Moreover, things like vacations, health care and car repairs are not personal property gifts like jewellry or cars, since it's impossible to effect an ownership transfer to recover them. Nevertheless, as you can see from the link below, actions can still be brought over things such as gifts. But my guess is that since the exploitation came from the other party, any reasonable court would find in your favour. Besides, there seems to be little probablity the gifts given to you would satisfy the criteria of a "constructive trust" (explained in link below).

As an aside: I think it might be important to document the person's manipulative behaviour and present that as part of the defence if it ever goes to Court. I doubt if it will, because the guy is unlikely to find a lawyer stupid enough to handle such a case. But who knows, it's a crazy world out there.

Another case of abuse I was involved with concerned a Chinese Lady. I knew her partner received a criminal conviction for spousal abuse in the past. So I went to the court house to get a copy of it so that she could bring it to Court to undermine his credibility, should he contest the civil proceeding. He didn't. (I was only able to do that because I knew the Court House involved, and was able to get a copy of the conviction.) I have to wonder if the guy you were involved with also has some stuff that would undermine his credibility

See the issues involved in interpreting how gifts and personal property are handled in the event of a common law termination in the link below:

http://www.ontariodivorces.com/division-of-property-commonlaw.html

Also, here is a guide to the Family Law Act. Read the pages that pertain to your former common law relationship. It should give you some background for any defence you might have to present to the Court.

http://www.attorneygeneral.jus.gov.on.ca/english/family/familyla.pdf

Was he your sponsor when you originally came to Canada?

I would deny everything. Do not speak to him in person or over the phone or his lawyer until you hire one yourself. If there is nothing in writing he will have a hard time proving it. If you lived with him for two years you might be considered common law. If that is the case you might have a case against him if he makes more money then you. If I’m wrong someone on here will correct me.

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