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-   -   Can I sue my STBX's lawyer for being so high conflict and failure in duty of care ? (http://www.ottawadivorce.com/forum/f3/can-i-sue-my-stbxs-lawyer-being-so-high-conflict-failure-duty-care-21111/)

plainNamedDad44 06-12-2017 12:49 PM

Can I sue my STBX's lawyer for being so high conflict and failure in duty of care ?
 
Hi community,


Are there grounds to sue STBX's lawyer, say if they are clearly creating conflict where none is needed ?

PND

Tayken 06-12-2017 03:22 PM

I wouldn't recommend it.

plainNamedDad44 06-12-2017 03:35 PM

Quote:

Originally Posted by Tayken (Post 221447)
I wouldn't recommend it.

thanks for the response Tayken. Can you elaborate please ?

Tayken 06-12-2017 03:39 PM

Quote:

Originally Posted by plainNamedDad44 (Post 221448)
thanks for the response Tayken. Can you elaborate please ?

Lawrence v. Peel Regional Police Force

In particular this one:

https://www.canlii.org/en/on/onsc/do...nlii27831.html

The lawyer will win. Always.

Janus 06-12-2017 03:50 PM

You can try to get the lawyer personally liable for costs. It is possible in extreme situations.

The advantage of that approach is that when you inevitably lose, you won't have to pay more costs to the ex's lawyer for losing your case against the lawyer.

plainNamedDad44 06-12-2017 03:53 PM

Quote:

Originally Posted by Janus (Post 221451)
You can try to get the lawyer personally liable for costs. It is possible in extreme situations.

The advantage of that approach is that when you inevitably lose, you won't have to pay more costs to the ex's lawyer for losing your case against the lawyer.

no costs award?? really ?? why not ?

OrleansLawyer 06-12-2017 04:27 PM

Quote:

The advantage of that approach is that when you inevitably lose, you won't have to pay more costs to the ex's lawyer for losing your case against the lawyer.
Not necessarily true.

Quote:

Are there grounds to sue STBX's lawyer, say if they are clearly creating conflict where none is needed ?
If they are creating conflict then your ex ought to rein them in; however lawyers are obligated to be courteous and aim to move the process along efficiently.

That being said, people often attribute a failure to give them what they want to discourtesy or nefarious intentions.

plainNamedDad44 06-12-2017 04:59 PM

Quote:

Originally Posted by OrleansLawyer (Post 221457)
...
That being said, people often attribute a failure to give them what they want to discourtesy or nefarious intentions.

Thank you for the response OL. I have an order for the sale of the marital home stating that the parties will cooperate on its sale. I was awarded costs for the order. The listing agreement has expired and the home is falling into disrepair, and yet STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.

I could motion on contempt, but I get the feeling that this is what STBX's lawyer wants... she makes more $$$$.

What am I to do?

paco 06-12-2017 05:47 PM

Quote:

Originally Posted by plainNamedDad44 (Post 221460)
Thank you for the response OL. I have an order for the sale of the marital home stating that the parties will cooperate on its sale. I was awarded costs for the order. The listing agreement has expired and the home is falling into disrepair, and yet STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.

I could motion on contempt, but I get the feeling that this is what STBX's lawyer wants... she makes more $$$$.

What am I to do?

I would bring a 14B motion on notice, explaining the situation and what orders you're seeking. Expect your ex's lawyer to oppose it.

standing on the sidelines 06-12-2017 05:50 PM

Quote:

Originally Posted by plainNamedDad44 (Post 221460)
Thank you for the response OL. I have an order for the sale of the marital home stating that the parties will cooperate on its sale. I was awarded costs for the order. The listing agreement has expired and the home is falling into disrepair, and yet STBX's lawyer refuses to have a 3 way conference call as suggested by realestate agent to review game plan. I have no idea why.

I could motion on contempt, but I get the feeling that this is what STBX's lawyer wants... she makes more $$$$.

What am I to do?

Could it be possible that your ex is instructing the lawyer not to respond?


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