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Answered in 12 minutes by:
11/19/2009
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedGood evening Jean,
Sounds like there may be a bigger amount in there doesn't it?
Air Canada may be reluctant to provide you any information for privacy reasons unless the court order directs them to automatically may a % portion payable to you (doesn't sound like it does).
It sounds like you really need to retain a family-law lawyer close to you that can look into the divorce settlement's precise wording.
If your settlement provided a % of the pension that you are entitled to, the lawyer in can issue a lawyer's letter to Air Canada and see if they will comply with the order. However, if it did not, you may need to reopen the settlement to provide for that (or negotiate with him through a lawyer -- it makes more sense to have a lawyer help you with this because the lawyer will be able to ensure that any agreement is tight and provides for any necessary eventualities that may arise in the future).
With respect to finding the amount of the pension, a lawyer's letter from your letter to Air Canada subject to the divorce settlement can probably get Air Canada to cooperate. Otherwise you may need to see a court order ordering Air Canada to release the information (again pursuant to the divorce settlement) to help you negotiate.
What province are you in? I can get you the link to that Provinces' Bar Association's Lawyer Referral Service to help you find someone local to you.
Best of luck. I'm sure you can sort something out.
Sounds like there may be a bigger amount in there doesn't it?
Air Canada may be reluctant to provide you any information for privacy reasons unless the court order directs them to automatically may a % portion payable to you (doesn't sound like it does).
It sounds like you really need to retain a family-law lawyer close to you that can look into the divorce settlement's precise wording.
If your settlement provided a % of the pension that you are entitled to, the lawyer in can issue a lawyer's letter to Air Canada and see if they will comply with the order. However, if it did not, you may need to reopen the settlement to provide for that (or negotiate with him through a lawyer -- it makes more sense to have a lawyer help you with this because the lawyer will be able to ensure that any agreement is tight and provides for any necessary eventualities that may arise in the future).
With respect to finding the amount of the pension, a lawyer's letter from your letter to Air Canada subject to the divorce settlement can probably get Air Canada to cooperate. Otherwise you may need to see a court order ordering Air Canada to release the information (again pursuant to the divorce settlement) to help you negotiate.
What province are you in? I can get you the link to that Provinces' Bar Association's Lawyer Referral Service to help you find someone local to you.
Best of luck. I'm sure you can sort something out.
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