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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 10-06-2016, 10:58 PM
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Default how to view records without counsel?

May have to end up self repping.

How can records, that are only to be viewed by counsel on record, be viewed by a self represented litigant after the lawyer comes off the record?

I believe they are for counsel eyes only.'
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Old 10-06-2016, 11:07 PM
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File change of representation form. When you go to the clerks office and get your waiting number click "self representing". Be sure to get your file number from your old lawyer.
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Old 10-06-2016, 11:08 PM
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File change of representation form. When you go to the clerks office and get your waiting number click "self representing". Be sure to get your file number from your old lawyer.
I don't think I made myself clear. I'm not talking about the continuing record. I can access that no problem, that's child play. I'm talking about record from 3rd parties and other service providers, i.e., police, children's aid society, etc.
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Old 10-06-2016, 11:18 PM
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You'll need to get an order for disclosure (procedural 14B motion) and serve it to the agencies.
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Old 10-06-2016, 11:34 PM
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You'll need to get an order for disclosure (procedural 14B motion) and serve it to the agencies.
I still don't think i'm making myself clear enough. I've already brought forward a motion and obtained an order for these records to be released, however, I believe that the police and cas records are only available to counsel only - the parties can't see them.

When I become self-repped, how would I be able to view these? Would I have to attend and view them at opposing counsel's office?
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Old 10-07-2016, 06:39 PM
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If this is now police records and cas records you are referring to. I would assume you can file a FOIP request on this if your name is mentioned in any of these records. That's what i did for the police records.

I don't see a situation how police and CAS records can only be view-able by counsel.
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Old 10-07-2016, 08:20 PM
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If this is now police records and cas records you are referring to. I would assume you can file a FOIP request on this if your name is mentioned in any of these records. That's what i did for the police records.

I don't see a situation how police and CAS records can only be view-able by counsel.


They can't release information about the other parent to you. Only counsel can see it.


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Old 10-07-2016, 09:43 PM
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How does one handle this when self-represented then?

There is no rule that a person has to have a lawyer in any court in Canada as far as I am aware.
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Old 10-07-2016, 11:38 PM
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How does one handle this when self-represented then?

There is no rule that a person has to have a lawyer in any court in Canada as far as I am aware.


I'm interested to see what the case management judge is going to say. I don't think that they would order the lawyer off record when there is a final order stating that records will be released to the lawyer. It's a bit of a train wreck at this point.


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Old 10-08-2016, 09:31 AM
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I'm interested to see what the case management judge is going to say. I don't think that they would order the lawyer off record when there is a final order stating that records will be released to the lawyer. It's a bit of a train wreck at this point.


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Trinton .. if you ant police records where your name is mentioned you can get it. I did it before I was represented. It was called the "Freedom of Information Act". You fill out the forms and pay $5.00. It will blank out a lot of privacy stuff about your ex but there were a ton of gems in it for me, such as ex telling police different things than she told OCL or he judge. Bye Bye credibility.

When your council leaves the case my friend..YOU become the council. You have access to anything you want. Especially since you have an order stating that your lawyer was granted access but is now gone.

If you're worried about the wording of the order, file a 14B procedural motion and simply let the judge know that you'd like to change to change the wording on the order to "you" receiving the disclosure from agencies. Judge will change it right away.
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