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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 10-24-2011, 06:01 PM
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Here is the most recent (Temp) Order:

October 13, 2011

THE COURT ORDERS THAT:

1. The Applicant is to have until November 10, 2011 to file an Amended Application; such Amended Application shall be served by regular mail to XXXX XXXXXXXXXXX. Service shall be deemed to be effective five days after mailing.

2. The Respondent is to pay the costs thrown away in all previous proceedings in an amount of $2,500.00; such amount being inclusive of the $250.00 ordered to be paid by Justice XXXXX of September 22, 2011.

3. If such costs are paid on or before December 1st, 2011, the Respondent shall be at liberty to deliver an Answer on or before December 15, 2011. If such costs are not paid by that date, the Respondent shall not be permitted to participate in any further court proceedings.

4. If an Answer is filed, the matter shall proceed yo a settlement conference on a date to be arranged by the Trial Coordinator. If an Answer is not filed by December 15, 2011, the Applicant may proceed on the basis of an uncontested hearing.

5. Whether or not an Answer is filed, the Respondent shall provide the Applicant's lawyer with a written list of all the jobs he has applied for since October of 2010, as well as copies of any such applications via e-mail or otherwise.

6. The Respondent shall provide details of any offers to settle made by his former employer or resulting from his severance proceedings within two days of such offer being made.

7. The Respondent's child support payments of $773.00 per month required by the Order of Justice XXXXXXXX dated October 15, 2009 be and the same are hereby terminated pending further order of this court and without prejudice to the Applicant's ability to claim child support based on imputed income.

8. The children shall continue to have their primary residence with the Applicant and the current arrangements for access shall continue pending further order of this court.


Note: I am the Respondent.

Then I received the Amended Application in the mail along with the following letter:

Dear Sir:

Re: XXXXXXXX v. XXXXXXXX

Enclosed and served upon you, pursuant to the Rules, is the Amended Application.

You will also find enclosed, pursuant to the Rules, the draft Order of Justice XXXXXXX of October 13, 2011, which I would ask you to approve as to form and content, pursuant to the enclosed endorsement. In other words, please review the document and sign where noted to state that you agree with the contents of the document.

Please note that if I do not receive the draft Order approved as to form and content within 10 days of the date of this letter, the Order will be signed without your approval pursuant to Rule 25.

I look forward to receipt of the document signed by you.



The handwritten Endorsement Sheet from October 13, 2011 is the same as the typed Court Order with the following exceptions:

The Endorsement Sheet contains the following before the Order:

"Mr. XXXXXXXX has finally responded to the requests for disclosure. He has been unemployed since Oct. 4, 2010. His E.I. benefits run out on Oct. 22, 2011. He wants to bring a claim for Shared Custody and to contest the amount of child support owing. He indicates that he now qualifies for legal aid. Order to go:"

#6 on the Endorsement sheet reads as:

"The respondent shall provide details of any offers to settle made by his former employer or resulting from his grievance proceedings within two days of such offer being made."

Note that #6 on the Order states "severance" while #6 on the Endorsement Sheet states "grievance."

I was wrongfully dismissed on October 4, 2010 and filed a grievance. My union and my former employer recently negotiated a Settlement of Minutes that states they will pay me $XXXXX for damages...basically "go away" money. My ex and her lawyer are trying to claim that this Settlement is a severance package.

Basically, I have a few questions.

Family Law RULE 25: ORDERS subrule (5) states:

(5) Unless the court orders otherwise, a party who disagrees with form or content of a draft order shall serve, on every party who was served under subrule (4) and on the party who served the draft order,

(a) a notice disputing approval (Form 25E);
(b) a copy of the order, redrafted as proposed; and
(c) notice of a time and date at which the clerk will settle the order by telephone conference. O. Reg. 114/99, r. 25 (5)

I believe I must complete Form 25E, redraft the Order from what I believe the Endorsement Sheet says and provide the Applicant with a notice of time obtained by the Clerk. I then believe I must serve the Applicant with all this and then file it along with Form 6B: Affidavit of Service at the court.

Is this correct?

How do I get a notice of time and date? Do I just ask the clerk and they will provide me with a notice that I can serve? NOTE: I NOW SEE THAT FORM: 25E CONTAINS A PLACE FOR THE CLERK TO INDICATE TIME AND DATE TO SETTLE WORDING OF ORDER.

Also, am I correct in believing that I am only disputing what the Order states and not any rulings it contains? For example/ #8 states that the children continue to have their primary residence with the Applicant. It was NEVER ordered that the Applicant's home was to be the primary residence and was something I never agreed to nor will I ever agree to it. Is Form 25E the place to disagree with this or should I do that in my Answer when I pay $2500.00?

Also, the letter from the lawyer is dated October 20, 2011. The date on the envelope is also October 20, 2011. The lawyer states that I must respond within "10 days of the date of this letter." That would mean that I must serve her with the required forms by October 30, 2011. However, the Court Order states that "service shall be deemed to be effective five days after mailing." Does this mean that I am considered served on October 25, 2011 and therefore have until November 4, 2011 to respond?


THANK YOU!

Last edited by FamilyBlah; 10-24-2011 at 06:06 PM. Reason: Added last paragraph
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