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Renegade

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  1. Have a read: The $5-million Electro-Motive subsidy that wasn't
  2. The key if you read on is that it depends upon each relationship. IOW, it is open to subjective interpretation on intent, there is no set of clear rules which indicates when a joint venture is entered into. I agree that in the ruling they do give some guidelies on how to construe intent. For example a joint venture situation may "occur where one party leaves the workforce for a period of time to raise children" but I don't see how the court can read into that my intent of whether I intend to hire my parner as a baby-sitter or if that act means I'm agreeing to make her my business partner. I'm going to agree with you that the ruling itself doesn't state that the presumption is for joint venture, further the ruling goes out of its way to state that neither joint venture nor value received is the presumed arrangment, BUT, it also states that the arrangement is interpreted based upon each circumstance. That means as a person going into such an arrangement you have to assume that your relationship MAY BE INTERPRETED as a joint venture even if you did not intend it to be so because any one of a number of actions can trigger such an interpretation.
  3. From the judgement on page 50 However it adds some caveats: So while the judgement indicates that there is no presumption of a joint venure, I don't see how it percribes that in a domestic relationship, which is not a joint-venture, how a cople should live their lives to show this. It used to be clearer, if property was in one person's name, only that person had claim to that property. IMO many couples in a common-law relationship have separate finances and would be more aligned with a "value received" basis. How does such a couple demonstrate this? I see no definitive way to do so other than a formal agreement between the couple. In Vanasse/Seguin case what did the couple do to indicate that they were in a joint-venture situation rather than a "fee-for-service" arrangement?
  4. There is no problem in doing so. With the current ruling the question pretty much now is always a possiblity. In your analogy, you are right that I wouldn't let a mechanic fix my car without some kind contract, but in this analogy, I can't even let my mechnically proficient friend touch my car without some kind of contract.
  5. I would ageee with you, but that is not how I interpret the ruling. What evidence is required to establish a joint venture? I believe that the ruling PRESUMES a joint venture, then the onus is on the parties to prove it is not a joint venture. In the Vanasse vs Seguin case, what evidence is there to establish a joint venture? Does bring up kids in a domestic arrangment imply a joint venture on the business side? Does that make my nanny my business partner? I have two problems. First, why should a court's ruling depend upon public opinion? If you look at the issue of Same-Sex marriage, should the court only decide that SSM is ok, once the public opinion has come around, or should they determine the decision based upon the fundamentals of the case? If a court depends upon public perceptions to make a ruling that leaves open the possiblity that court will rule one way, and that same court can rule a different way once society opinion changes. Why rely on precedents then? My second problem is that in many cases public opinion follows the court decision. (ie the SCC says it is ok, so it must be ok). The answer is neither one side not the other. It is a chicken and egg story, people's change somewhat with time, even when there isn't concensus, a court decision will legitimize a position, which will cause further opinion to swing toward that position. ------------------------ How does one enter a co-habitation domestic relationship where it is clear that both parties agree that they are not joint-venture financial partners? It would seem to me that the only way is by putting a pre-cohabitation agreement in place, and even then it is subject to challenge.
  6. You are right that it is not like marriage, YET, however each ruling moves it closer to equivalent recognition. At this point one common-law spouse can claim spousal support from the other, and they can now claim a share of property which is in the other's name. In Ontario, they can even claim possession to the "family home" even if the home was paid for and owned by the other. While there may not be a presumption of equal sharing, there is a presumption of joint ownership of wealth through a joint venture. Just because "many domestic relationships are more realistically viewed as a joint venture" doesn't mean that the couple themselves unanimously have agreed that their domestic relationship is a joint venture. It wasn't long ago that co-habitation relationships were viewed by society as simply a convenient sexual relationship, rather than a financial one. I believe that it is court rulings like this one which change society's opinion on what the obligations are of a cohabitation relationship rather than just being reflective of the current societal opinion.
  7. Common law couples deserve fair shares when separating, top court rulesThe Complete SCC judgement is available here On the surface this ruling seems fair and just, however there are a couple of things which bother me: The spouses enter into a financial joint-venture even though that has not been explicity agreed to by both parties. What it does is decide after-the-fact that two individuals are business partners. It changes the rules on existing common-law relationships. If couples have entered into relationships based upon previous rules and precedents (ie that they by default are not in a joint financial venture) this now forces them into such a financial arrangement. This now makes common-law arrangments pretty similar to formal marriage. There is no legal arrangment in which two individuals can simply co-reside but keep the rest of their lives separate. What would constitue "unjust enrichment" is going to be subject to intrepretation. It is going to make pre-cohabitation agreements just as important as prenuptual agreements.
  8. Again, what this shows is that we are being crammed into existing space. Being packed into tighter and tighter spaces is not my definition of being "sustained", and if it is yours, it is not the kind of existance I would want for myself nor for my decendants. Ah, so your solution is to create a miserable overcrowded existance so the inhabitants have no choice but to innovate or perish? Sounds like a great plan. It sounds remarkably like an infestation, with the only real difference between any other infestation by an unwanted pest is the species involved and the scale of the destruction. It is not obvious, because I too am a member and I don't share that POV. I am indifferent as to whether or not the human race continues to exist. Well, as I've said you are not being forced to cease to exist nor are your descendants. You are free to procreate to the extent of your ability to support that procreation. Why interfere with the choice of others NOT to procreate or ask them to financially support your choice?
  9. No. Not all resources are unlimited. Are you planning on making more land? Since you are convinced that a magical supply of resources are available, why not wait until they are PROVED available before encouraging reproduction. I assure you that even if we do nothing to encourage population growth, it will be a LONG, LONG time before our population dwindles to zero. You saying so, doesn't make it so. Is your view of human evolution that we trash this planet, then move on to the next one, indefinitely? ---------------------------- You avoid answering the fundamental question, If a population will itself into non-existance, why should you object?
  10. So what? If a population chooses to extinguish itself by not replicating itself, why should you object? Furthermore, if you do object, you do have recourse: Spread your seed (and pay for it). I have serious doubts on how much more population the planet can sustain indefinitely. Further, even if the planet can sustain more people, what does that mean to the quality of life for the people on the planet. Does "sustain" to you mean being kept alive, or do you mean having access to adequate resources to have a comfortable existance. No doubt as the population increases we are squeezed into smaller and smaller living quarters and rationed fewer and fewer resources. You believe that we are not permanantly linked to one planet? Maybe, maybe not, but until it is proved that we can easily and economically transport to other planets and can sucessfully sustain life there, that suggestion seems me an illogical one to pin the hopes on for human growth.
  11. You seem to misunderstand my use of the word rationality as it relates to economic decisions. I am not talking about insane behavour or even lack of informaiton. I am talking about behavour in which decisons are clouded by emotion. Humans are full of emotions such as anger, pride, love, envy, which would cause them to make decisions which they may not otherwise make had the emotional response not influenced them. As emotions are not easily quantifiable or even sometimes predictable from person to person, economic theory has difficulty factoring emotion-based decision-making into its models.
  12. Sorry I don't every recall using the word "fair" with regard to the system. Please point to the quote you mean. Fairness is a subjective designation. What I suggest is that where rules are applied they should be applied symmetricly to both parties. To do otherwise implies that someone is making a jusdgement on the "fairness" of the system. It is really up to each party in the economic transaction to put themselves into the best possible negotiating position. In the case of an employee it means making sure their skills are valuable and in demand.
  13. Unfortunately it is not practical for the government to implement such an option because of the way the plan was set up and to a certain extent is still set up. Even today the plan is not fully funded. It depends upon continued contributions of workers. In the worst case if everyone opted out, the plan would eventually collapse and would not be able to meet its obligations. This would further lead to pressure on the government for a taxpayer-funded bailout of CPP.
  14. It is actually not farfetched. At least in some juristictions legaly bind children to look after aged parents. Yes, parents can sue their children! Maintenance of Parents Act
  15. Economics for the most part assume rational decisions. Humans being humans, don't alwasy act rationally.
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