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Old 08-31-2012, 06:05 PM
sahibjee sahibjee is offline
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Quote:
Originally Posted by Tayken View Post
You can submit a book of authorities (BOA) with your materials (affidavits). Provide a summary sighting the relevant paragraphs of the attached case in the BOA. Print out and attach the case law and go and highlight the paragraphs in yellow. The judge will thank you.
Thank you so much for this advice, i have started looking into how to write a Book of Authorities, apparently WorkingDAD did that too :-)

Quote:
You can cross motion back and request costs be considered if your original filing and request this. Just be careful with cross motion after cross motion. If it gets too large the judge will (or you can request) that the issues be partitioned into two different hearings or a long motion hearing.
i'll be careful, thank you though

Quote:
There are no responses to the OCL report. It is a final report. You have to deal with the elements of the report at motion and ultimately at trial now. Don't bother contacting the OCL investigator now that the report is finished unless it is a summons for them to attend court for questioning or disclosure prior to trial. You can't influence the report at this point. Your only recourse to problems with it now is a cross examination of the OCL investigator. You can call this person and examine them in chief if the other party doesn't call them at trial.
Quote:
Originally Posted by WorkingDAD View Post
There is some process called dispute OCL report. You have 30 days to do it. I do not know what exactly that process looks like as I did not do it but always was very clear on my position that I do not agree with OCL recomendations...

other part tried to use it against me during cost submissions. Kind of Look he did not dispute OCL report until trial started. Judge did not buy that ...

WD

My (ex)Lawyer also said you can dispute the OCL's report, you have to write to them within 30 days of the date of the report, (which i believe is 5 days after they mail it to you) so 35 days from the day they wrote the report.
He only told me to dispute the report you have to write an affidavit stating that you intend to dispute the report and serve it on to the OCL as well as submit it to the court. I will call OCL's office on Tuesday and post the exact process.

http://www.e-laws.gov.on.ca/html/reg...0114_e.htm#s21

Quote:
The Rules of Reply are outlined in the Family Law Rules and Courts of Justice Act. It all depends on what specific form (in relation to the rule they represent) with regards to time frames.
The trouble is the the FLR only state a timeline for motion materials and reply, no timeline mentioned for reply to reply.

Forms that were used by both parties were Form 14 and 14A, Justice at the CC asked me to bring a motion for access and submit my materials 30 days ahead of motion and ordered the other party to submit their reply 15 days ahead of time. no discussion about reply to reply.

Quote:
Are you the applicant in the matter or the respondent?

Good Luck!
Tayken
Respondent to the application but applicant in the motion.

Thanks!