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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-12-2017, 12:49 PM
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Default 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
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Old 06-12-2017, 03:22 PM
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I wouldn't recommend it.
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Old 06-12-2017, 03:35 PM
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I wouldn't recommend it.
thanks for the response Tayken. Can you elaborate please ?
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Old 06-12-2017, 03:39 PM
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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.
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Old 06-12-2017, 03:50 PM
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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.
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Old 06-12-2017, 03:53 PM
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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 ?
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Old 06-12-2017, 04:27 PM
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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.
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Old 06-12-2017, 04:59 PM
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...
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?
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Old 06-12-2017, 05:47 PM
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Quote:
Originally Posted by plainNamedDad44 View Post
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.
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Old 06-12-2017, 05:50 PM
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Quote:
Originally Posted by plainNamedDad44 View Post
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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