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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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  #21 (permalink)  
Old 12-23-2015, 10:02 AM
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I thought the same thing standing... mind you, even if that wasn't the case, not paying costs makes one job better than the other parent... both cs and costs are court ordered, so by not paying one is breaking a court order as well.

I am more disturbed by the fact that you burnt through $200,000 worth of savings on lawyer fees. Was there ever a time you thought that the little cs that was ordered was good enough without depleting your savings? I would assume that $200,000 would be subjected to equalization as well

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Old 12-23-2015, 10:48 AM
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To respond to the poster's original question of how many times a motion or case conference can be delayed:

I believe that the requirement in Ontario family court is that at a minimum of (1) case conference must have taken place prior to a motion. (I believe it is rule 17(1) ).

Here is an interesting article which discusses adjournments.

To Adjourn Or Not To Adjourn, That Is The Question - Litigation, Mediation & Arbitration - Canada

I would be interested in knowing the reasons for each adjournment of case conference and motion.

I would also be interested to know if your lawyer contested any of the adjournment requests.
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Old 12-23-2015, 05:28 PM
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Half of the $200,000 in legal fees was accumulated by incurring debt so it is not subject to equalization. I spent the money to ensure my children's safety as he has been convicted of assaulting them in the past. The legal fees were never paid with a view to SS or CS. I paid them to ensure the children safety was the foremost consideration of the court.

My lawyer did vigorously object to each adjournment.

Bit the bullet today went self rep, filed the adjourned motion again and got it booked on the same date it had been adjourned!!!!
Duty counsel told me this is because the court doesn't see your situation as too serious if you are represented because they figure your lawyer has your back covered. They suddenly take notice when you are forced to go self-rep!

Last edited by Stillbreathing; 12-23-2015 at 05:30 PM.
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Old 12-23-2015, 05:51 PM
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to spend that kind of money I wonder how much was spent on emotions rather then logic? Some people will spend money with a lawyer hand over fist just to try and prove a point. Not saying that you did but you seem to be very emotional (which I can understand) over it. Everything seems to be a world ending scenario with you. Are you capable of leaving the emotion at the door in a court room??
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Old 12-23-2015, 06:22 PM
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I had no idea the costs would spiral out of control to that degree. Never in my wildest dreams! I had been warned by many that my STBX could be extremely dangerous but didn't want to believe them. They were right. With all the evidence I had I didn't think I would have to fight so hard to make sure the kids
were safe. I can't even imagine how people with only 1/2 of the evidence I have must feel.

I want them to have a relationship with their dad but safety controls need to be in place because his injury makes him unpredictable. He can blow at the drop of a hat.

I have no more money for a lawyer. Our case is going nowhere with no end in sight. I'be done a ton of research and can quote the cases that are relevant plus the laws that apply. I'll write down everything I want to say and practise with friends beforehand. I'd prefer to go with a lawyer but that's no longer a choice.

Last edited by Stillbreathing; 12-23-2015 at 06:24 PM.
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Old 12-23-2015, 06:32 PM
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good idea to practice. Maybe have one of your friends act as the other sides lawyer to see if they can get you rattled. You are going to have to grow a very thick skin.
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  #27 (permalink)  
Old 12-23-2015, 06:37 PM
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Quote:
Originally Posted by Stillbreathing View Post
Half of the $200,000 in legal fees was accumulated by incurring debt so it is not subject to equalization. I spent the money to ensure my children's safety as he has been convicted of assaulting them in the past. The legal fees were never paid with a view to SS or CS. I paid them to ensure the children safety was the foremost consideration of the court.

My lawyer did vigorously object to each adjournment.

Bit the bullet today went self rep, filed the adjourned motion again and got it booked on the same date it had been adjourned!!!!
Duty counsel told me this is because the court doesn't see your situation as too serious if you are represented because they figure your lawyer has your back covered. They suddenly take notice when you are forced to go self-rep!
I'm not sure I'd agree with duty counsel. If a judge granted an adjournment and you booked again on same day you might be viewed as being vexatious and end up with costs awarded against you. While you're pissed off at the opposing counsel you would be best to direct your aggressive reaction/knee-jerk reaction to the Law Society for unprofessional conduct (in adjourning the matter 6 times).

Perhaps you can change the date by a few days or a week? CYA.
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Old 12-23-2015, 06:51 PM
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The judge who adjourned it said I could ask for leave from the court. I did and the court granted me leave.
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  #29 (permalink)  
Old 12-23-2015, 07:37 PM
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"leave" means permission from a judge. So you received permission from a judge?
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  #30 (permalink)  
Old 12-23-2015, 08:08 PM
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Yes I did get permission from a judge.
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