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 06-20-2014, 05:48 PM
Junior Member
 
Join Date: May 2014
Posts: 15
rmacq62 is on a distinguished road
Default Late Service & Criminal Charges

I have basically two questions which I have not been able to find an answer to.

First, I have a Settlement Conference on 25 June. Today is 20 June. I just received the Settlement Conference Brief via email from my ex-wife's lawyer which also contained a note stating he was sending me a hard copy via courier. This means officially the date of service will be 21 June. She is the applicant and is the one who requested the conference therefore, is well past the date of service (mine was mailed to her lawyer on 14 June). The Case Conference Brief in December was also late but the Case Conference was cancelled so we could attempt to negotiate a settlement.

My question is, what is the best way to handle this come conference day? I know technically the court isn't supposed to accept it but what if they do? (the clerk is fairly lenient, something I can't really complain about because she has helped me)

My other question is this, my ex is trying to say I owe her for half the expenses for the matrimonial home while she has been living there by herself. She is basing this on a domestic agreement (which I didn't sign) and her lawyer has failed to produce for me. We did sign an earlier agreement which a lawyer told me was garbage because it was not notarized, or even seen by a lawyer, and was written by my ex with the only signatures being on the last page. My suspicion is she has taken the original agreement and changed it then attached the signature portion from the first one.

However, my move out of the matrimonial home happened because she was charged with assaulting me with a knife. As she had no place to live, and my daughter (24 at the time) was dependent on her to get to school, I moved out. This was so my ex would not be in violation of the conditions of her release. (no contact) Shortly after that she changed the locks and barred me from any sort of access to the home even though I was still legally allowed to be there.

So, assuming the domestic contract was valid, do any of the above actions make it void? If not, what is the best way to counter her version of the contract? (I have a copy of the original)

Thanks for any help.
Reply With Quote
  #2 (permalink)  
Old 06-20-2014, 06:12 PM
Senior Member
 
Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road
Default

The contract is valid and binding - you admitting signing it.

If she altered it then that is fraud. However, the original agreement still stands.

As for living in the matrimonial home - search the legal term "occupational rent".

The date of service is not tmrw as I do not believe service can be on a date the courts are not normally open. Therefore service is Monday.
Reply With Quote
  #3 (permalink)  
Old 06-20-2014, 06:34 PM
Junior Member
 
Join Date: May 2014
Posts: 15
rmacq62 is on a distinguished road
Default

I now know that a simple signature does not necessarily make a contract binding. However, the original domestic agreement did not contain terms for payment of expenses and, even if it did, it was a criminal act which precipitated the move out of the house and barred me from access to it.

You are correct, technically the date of service is Monday which is way past the 7 days it is supposed to be.
Reply With Quote
  #4 (permalink)  
Old 06-20-2014, 07:03 PM
Senior Member
 
Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road
Default

You signed it. You signed it. You signed it.

It could be challenged. But you DID sign it.

Doesn't matter that the contract did not outline terms for expenses etc. You're grasping at straws.

All the rest is near irrelevant to your questions (because you are trying to persuade the reader to believe your ex is not a nice person and packs a knife...and it is irrelevant to your question).
Reply With Quote
  #5 (permalink)  
Old 06-20-2014, 07:10 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,229
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by rmacq62 View Post
I now know that a simple signature does not necessarily make a contract binding. However, the original domestic agreement did not contain terms for payment of expenses and, even if it did, it was a criminal act which precipitated the move out of the house and barred me from access to it.

You are correct, technically the date of service is Monday which is way past the 7 days it is supposed to be.
considering she is the one that was charged, why didn't she move out instead of you? At 24 I am thinking your daughter could of worked out something to get to school (friends, other family).

I agree with the other posters, if you sign something abide by it. A person is only as good as their word. How would you feel if you signed something then the other person tried to wriggle out of it using technicalities?
Reply With Quote
  #6 (permalink)  
Old 06-20-2014, 07:35 PM
Junior Member
 
Join Date: May 2014
Posts: 15
rmacq62 is on a distinguished road
Default

Believe me, there is way more to her behaviour than I have posted, I am simply asking about two specific points.

As previously stated, the contract which I signed did not have a clause in it stating I would pay half the expenses, that is in the forged contract. We lived in the country so my daughter need mom's car to get to school which is why I ALLOWED my ex to live there. However, it was also with the understanding I would be allowed back in periodically. Instead, I had to get the police to let me in just to retrieve my clothing.

I simply asked about the contract/criminal act as a matter of defense against the forged contract. In fact, even the original contract was breached by her not me, I lived up to the ORIGINAL agreement.

Thanks everyone for the assumption that I must be the bad guy here. I can only assume a gender bias in the comments. No matter, I already have lots of documentation proving her bad behaviour, this was just to cover all my basis.

I do thank you for the direction to occupational rent, it is exactly the position I find myself in. Having been constructively ousted I can request this in response.

Ps. This is considered a defective contract and is not enforceable. Pardon me for investigating other avenues.
Reply With Quote
  #7 (permalink)  
Old 06-20-2014, 07:47 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,229
standing on the sidelines is on a distinguished road
Default

where do you get the "gender bias"?? I think what people posted could go for either sex. Please point out where you base that on. If you cannot then I think an apology is in order for the members who posted. It seems like it is mostly men who are constantly throwing out the words gender bias on here.

if she had a no contact order when it came to you then she could of been arrested if you were on the property. You should have thought of that when you decided to move out.

Last edited by standing on the sidelines; 06-20-2014 at 07:50 PM.
Reply With Quote
  #8 (permalink)  
Old 06-20-2014, 07:52 PM
Junior Member
 
Join Date: May 2014
Posts: 15
rmacq62 is on a distinguished road
Default

Quote:
Originally Posted by Serene View Post
All the rest is near irrelevant to your questions (because you are trying to persuade the reader to believe your ex is not a nice person and packs a knife...and it is irrelevant to your question).
I ask, if genders were reversed would such a snide comment have been made?

Access times had been arranged for me to do maintenance, etc, when she was out of town.
Reply With Quote
  #9 (permalink)  
Old 06-20-2014, 07:56 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,229
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by rmacq62 View Post
I ask, if genders were reversed would such a snide comment have been made?
yes I have seen "snide"comments made about both sexes. Mothers that try to make their exs to be the devils spawn and Fathers that try to make out that their ex is the biggest b**** in the world.
Reply With Quote
  #10 (permalink)  
Old 06-20-2014, 09:45 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,924
arabian will become famous soon enough
Default

Yes you have gone through a very rough time (I re-read your initial posts).

It has been my personal experience that filing late documents is acceptable in family court. My ex's lawyer has done it often. My lawyer objected, in writing to the judge, but nothing was done about it because when we finally received their documents they were so pathetic that my lawyer would have had a difficult time convincing a judge that we required extra time to put together a response.

Regarding your second issue, the other side will try to bully you and say you "should" pay this and that. That's what lawyers are paid to do for their clients - browbeat the other side. Until they can present a copy of the document upon which they are basing their argument I wouldn't get too excited. You should request, in writing, the document which you suspect has been altered. If you can't prove that it has been altered then you could be up 'shit creek.' I hope you have a copy of the document that you originally signed. If you don't then you have to rethink your strategy. If you go forward without any corroborating evidence then your credibility will be in the tank going forward for other issues.

Of course always be thinking of a formal offer to settle so you can move on with your life. Some people on here think offers to settle should be made frequently throughout the case conference process.
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
Can I serve my ex when they have a lawyer billm Divorce & Family Law 39 08-09-2013 08:47 PM
Criminal charges in family law cases teezy Divorce & Family Law 9 02-15-2013 03:39 PM
criminal charges - negotiations & the truth! sahibjee Divorce & Family Law 12 11-25-2012 12:56 AM
Late Service How to Not Accept momto3 Divorce & Family Law 1 11-24-2011 09:32 AM
Late Service How to Not Accept momto3 Divorce & Family Law 5 11-23-2011 03:11 PM


All times are GMT -4. The time now is 02:36 PM.