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Old 02-15-2006, 01:23 PM
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Default Appropriate Procedure

I have just learned that my stbx and her lawyer have set a hearing date for one month from now. It is a hearing for an interim order. Is it proper for this to happen before anything else? I was of the understanding that there should be a case conference first. As far as I know, my lawyer hasn't even had the opportunity to get into negotiations with the other lawyer yet.

I am paying child support but my stbx wants spousal support...this is the reason for the interim order. I am preparing for an upcoming telephone meeting with my lawyer to discuss some things and I want to know exactly how this process should go. I am a little paranoid that things are not being handled properlly...but how do I really know if she's doing her job?
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Old 02-15-2006, 08:47 PM
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Case conferences are in Ontario.

You can find all the Newfoundland statutes and rules at:
http://www.justice.gov.nl.ca/just/CIVIL/family_law.htm

I skimmed through the rules very quickly and while there does seem to be the equivalent of case conferences, I can't see any requirement for a case conference before a motion. But you should check with your lawyer.
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Old 02-15-2006, 08:57 PM
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gooddadgoingmad,

Normal procedure is to have a first appearance and case conference. Sounds like your ex's lawyer is really fast tracking the issues in an aggressive manner maybe on the stance that your ex is in dire need of spousal support.

Normally no motions are held before a case conference as per the Family law rules. unless urgent.

Courts of Justice Act

ONTARIO REGULATION 114/99

Amended to O. Reg. 89/04

FAMILY LAW RULES



RULE 14: MOTIONS FOR TEMPORARY ORDERS

WHEN TO MAKE MOTION

14. (1) A person who wants any of the following may make a motion:

1. A temporary order for a claim made in an application.

2. Directions on how to carry on the case.

3. A change in a temporary order. O. Reg. 114/99, r. 14 (1); O. Reg. 544/99, s. 6; O. Reg. 89/04, s. 6 (2).

WHO MAY MAKE MOTION

(2) A motion may be made by a party to the case or by a person with an interest in the case. O. Reg. 114/99, r. 14 (2).

PARTIES TO MOTION

(3) A person who is affected by a motion is also a party, for purposes of the motion only, but this does not apply to a child affected by a motion relating to custody, access, child protection, adoption or child support. O. Reg. 114/99, r. 14 (3).

NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED

(4) No notice of motion or supporting evidence may be served and no motion may be heard before a case conference dealing with the substantive issues in the case has been completed. O. Reg. 89/04, s. 6 (3).

(4.1) Revoked: O. Reg. 89/04, s. 6 (3).

URGENCY, HARDSHIP ETC.

(4.2) Subrule (4) does not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice. O. Reg. 202/01, s. 4 (1); O. Reg. 89/04, s. 6 (4).

(5) Revoked: O. Reg. 89/04, s. 6 (5).

OTHER MOTIONS

(6) Subrule (4) does not apply to a motion,

(a) to change a temporary order under subrule 15 (14) (fraud, mistake, lack of notice);

(b) for a contempt order under rule 31 or an order striking out a document under subrule (22);

(c) for summary judgment under rule 16;

(d) to require the Director of the Family Responsibility Office to refrain from suspending a licence;

(e) to limit or suspend a support deduction order;

(e.1) in a child protection case;

(e.2) made without notice, made on consent, that is unopposed or that is limited to procedural, uncomplicated or unopposed matters (Form 14B);

(e.3) made in an appeal;

(f) for an oral hearing under subrule 37 (8) or 37.1 (8); or

(g) to set aside the registration of an interjurisdictional support order made outside Canada. O. Reg. 114/99, r. 14 (6); O. Reg. 56/03, s. 2; O. Reg. 91/03, s. 4; O. Reg. 89/04, s. 6 (6).

MOTION INVOLVING COMPLICATED MATTERS

(7) The judge who hears a motion involving complicated matters may,

(a) order that the motion or any part of it be heard as a trial; and

(b) give any directions that are necessary. O. Reg. 114/99, r. 14 (7).

MOTION BY TELEPHONE OR VIDEO CONFERENCE

(8) A party who wants a motion to be heard by telephone or video conference shall,

(a) obtain an appointment from the clerk for the hearing of the motion;

(b) make the necessary arrangements;

(c) serve a notice of the appointment and arrangements on all other parties, and file it; and

(d) participate in the motion as the notice specifies. O. Reg. 114/99, r. 14 (8).

DOCUMENTS FOR A MOTION

(9) A motion, whether made with or without notice,

(a) requires a notice of motion (Form 14) and an affidavit (Form 14A); and

(b) may be supported by additional evidence. O. Reg. 114/99, r. 14 (9).

PROCEDURAL, UNCOMPLICATED OR UNOPPOSED MATTERS — MOTION FORM

(10) If a motion is limited to procedural, uncomplicated or unopposed matters, the party making the motion may use a motion form (Form 14B) instead of a notice of motion and affidavit. O. Reg. 114/99, r. 14 (10).

MOTION WITH NOTICE

(11) A party making a motion with notice shall,

(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date;

(b) file the documents as soon as possible after service, but not later than two days before the motion date; and

(c) file a confirmation (Form 14C) not later than 2 p.m. two days before the motion date. O. Reg. 114/99, r. 14 (11); O. Reg. 202/01, s. 4 (2).

They must of served you with the application and or answer and or reply already depending on who is the applicant and who is the respondent.

You could attend the motion and request an adjournment citing a number of valid reasons such as inadequate time to retain a lawyer or to review your position and stance on the issue. The adjournment may be granted or it may not. It appears they are somewhat breaking the rules, however the registar would of scheduled the date of the motion so the matter must be urgent.

Seems to be that financial documentation would have to be served and filled into the continuing record before any motion could occur on spousal support issues.

Last edited by logicalvelocity; 02-15-2006 at 09:01 PM.
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Old 02-15-2006, 09:11 PM
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gooddadgoingmad,

I didn't realize you were from NFLD. I assumed you were in Ontario.

NFLD rules would apply.

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Old 02-19-2006, 03:44 PM
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can a motion be made at a case conference? if not how long will it take for that motion to be heard. I hear the courts here in ontario are pretty back logged. Also can interim orders for child support and spousal support be made at a case conference?
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