Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 09-02-2014, 11:46 AM
Junior Member
 
Join Date: Nov 2013
Posts: 7
FindingMyFeet is on a distinguished road
Default clarification from the judge after trial

Hi all,

Quick background - my trial was in Jan of this year, but I just got the ruling. I think in large part because of the 7 months it took, she forgot to rule on a couple of issues (ie in paragraph 1, she mentioned an antique book we were seeking an order on - but it's never mentioned again in 26 pages.)

How do I go about getting clarification from a judge? Can I write her an cc my ex's lawyer? Or do I need to file an appeal or a motion to change?

Thanks in advance!
Reply With Quote
  #2 (permalink)  
Old 09-03-2014, 02:00 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,678
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
How do I go about getting clarification from a judge? Can I write her an cc my ex's lawyer?
Proceed with great caution and very respectfully.

A phone call with the local trial co-ordinator for local practice would be prudent. Copy any correspondence to your ex's lawyer.
Reply With Quote
  #3 (permalink)  
Old 09-03-2014, 03:40 PM
MrToronto's Avatar
Senior Member
 
Join Date: May 2012
Posts: 1,338
MrToronto is on a distinguished road
Default

DID both parties have a lawyer?

Was there anything in the ruling/judgement/endorsement...on parties making submissions for other stuff? Usually dates are given for Respondent and Applicant.

Review this link

http://www.google.ca/url?url=http://...QuDx-H0QW1Uu3w

Follow the "ruling" word for word when drawing up FORM 25?...think thats the one......make sure OP consents to the "ruling part"..(they have to)

Next .....take out a FORM 14B.....fill it out with the additional terms..the Judge forgot about....send it to Oppossing Party for "consent"

file form25 and 14B

if the OP won't consent......do a 14B...asking the Judge for direction.

then both parties can appear to chat about what the Judge missed.

First try to make and finalize the Draft Court Order... TOGETHER
Reply With Quote
  #4 (permalink)  
Old 09-03-2014, 03:48 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,845
arabian will become famous soon enough
Default

Heed the advice given from Orleanslawyer and Mr. T.

My ex's lawyer wrote 2 letters to judge, one blathering 16 pages (I kid you not) disputing the outcome of a motion hearing in May. Judge is not impressed. Lawyers had to retrieve transcript and both lawyers have been told that when they reappear before this judge (sometime this month) to be prepared for "severe costs" to be levied against losing party. Rightfully so, as this is a waste of court resources and judge's time.
Reply With Quote
  #5 (permalink)  
Old 09-03-2014, 04:29 PM
Senior Member
 
Join Date: Jan 2014
Posts: 303
OntarioDaddyMan is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
Heed the advice given from Orleanslawyer and Mr. T.

My ex's lawyer wrote 2 letters to judge, one blathering 16 pages (I kid you not) disputing the outcome of a motion hearing in May. Judge is not impressed. Lawyers had to retrieve transcript and both lawyers have been told that when they reappear before this judge (sometime this month) to be prepared for "severe costs" to be levied against losing party. Rightfully so, as this is a waste of court resources and judge's time.
I was under the impression that your situation was finalized?
Reply With Quote
  #6 (permalink)  
Old 09-03-2014, 09:16 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,845
arabian will become famous soon enough
Default

Quote:
Originally Posted by OntarioDaddyMan View Post
I was under the impression that your situation was finalized?
Yeah so did I when I received the divorce 4 years ago....

Ex fights everything any which way he can. In a recent conversation with him he assured me that he will continue to take me to court and he is quite aware of the costs involved. He simply doesn't care.

Best thing I can hope for is the "junior judge" that we are now stuck with will finally tire of him and start putting up barriers for the incessant litigation. We have been requesting something be done for over 3 years about his vexatious litigation but unfortunately that was before we requested, and received, a case management judge.

I do not anticipate an end to this any time soon. Sure I may win costs every time but it is meaningless if these costs are not enforced. Ex has a phony-baloney job and they garnishee 40%. Whoop-de-doo. Meanwhile I have to figure out how to pay my lawyer.

Last edited by arabian; 09-03-2014 at 09:18 PM.
Reply With Quote
  #7 (permalink)  
Old 09-04-2014, 07:50 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,472
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by OrleansLawyer View Post
Proceed with great caution and very respectfully.

A phone call with the local trial co-ordinator for local practice would be prudent. Copy any correspondence to your ex's lawyer.
Excellent advice to consider OP ("original poster"). If both parties are struggling to understand the decision and resulting order you should have the lawyers in your matter request a "to be spoken to" with the Justice to get any clarification.

You need to involve the other party and provide full disclosure for each and every step you take. Best that you get the consent of the other party before proceeding with anything.

Good Luck!
Tayken
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
LF32 "need to see daughter" pt.2 LovingFather32 Parenting Issues 1621 10-18-2014 10:17 AM
Prep for Trial Canadaguy Divorce & Family Law 8 01-09-2014 01:46 PM
same judge for trial management conference? Smurfette Divorce & Family Law 9 09-02-2012 03:57 PM
Trial Management Endorsement, need help Fam Law Divorce & Family Law 7 06-11-2012 06:19 PM
child alienation---please your help brokendad Parenting Issues 16 07-02-2011 11:57 PM


All times are GMT -4. The time now is 05:17 AM.