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.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-23-2008, 10:13 AM
Member
 
Join Date: Apr 2007
Posts: 58
Beaudoin is on a distinguished road
Default Lawyer Submits False Court Order

I'd like to know what I could do about the following:

I went to court on 30 July 2007 and I agreed to terms of settlement proposed by the Applicant and a Court Order was issued on that day based on the draft Final Minutes of Settlement. The Court ordered the Applicant's lawyer to finish the Final Draft and submit it to the Court at a later date.

In November 2007, the Applicant's laywer sent me the Final Draft of the Court Order and I noticed that the numbering had changed, but it looked to be the same otherwise. I signed it and sent it back.

In December 2007, I received a letter from the Family Responsibility Office indicating that I was in the arrears for payment. I was stunned because I had been paying as agreed in the settlement. I found that the Applicant was claiming an extra +$2500! I re-read the Final Draft of the Court order that the Applicant's lawyer had sent me and I noticed that she had changed one line in the agreement, and I hadn't noticed it before because the difference was so slight! The lawyer tricked me!!

I immediately contact the Court and they told me that the Final Draft submitted by the Applicant's lawyer would not be accepted and that she would have to do it over. However, they said that they would not contact the FRO to change the payments! So, I still have to pay even though it's based on a fraudulent order!

So, I sent a letter to the Court, the FRO and the Law Society of Upper Canada about this with the appropriate supporting documentation, but what else can I do? How is it possible for someone to do this even though everyone knows it's wrong and illegal?

Any advice?
  #2 (permalink)  
Old 01-23-2008, 07:49 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Beaudoin,


as you mentioned:

Quote:
So, I sent a letter to the Court, the FRO and the Law Society of Upper Canada about this with the appropriate supporting documentation, but what else can I do? How is it possible for someone to do this even though everyone knows it's wrong and illegal?
You could always bring forth a motion to have the fraudulent order squashed.

lv
  #3 (permalink)  
Old 11-25-2008, 12:44 PM
Member
 
Join Date: Apr 2007
Posts: 58
Beaudoin is on a distinguished road
Default

Just to bring you up to speed with what happened in this case. (see below for context)

I made a complain to the Law Society of Upper Canada about my ex's lawyer changing our court order. I sent in the changed court order as evidence, as well and the false Statement of Arrears that was based on the false court order.

They made a ruling against me (naturally) and indicated that I did not provide any evidence that her lawyer did so intentionally, and they dismissed it as a typographical error. The investigator at one point states:

Quote:
...I am mindful that the Rules do not require lawyers to attain a standard of perfection in their actions.
I wonder if I could use that argument the next time I get a traffic ticket?

Anyway, I'm letting it go. I wasn't surprised by the outcome. After all, it's a self governing body.
  #4 (permalink)  
Old 11-25-2008, 01:26 PM
Member
 
Join Date: Nov 2008
Posts: 55
NoahJenda is on a distinguished road
Default

It seems to be that the whole point should be to get the lawyer to fix his/her mistake. If you still have the minutes of settlement, send a copy of that and the court order to the lawyer and request that they draw up a new consent order based on the minutes of settlement.

Unless there is compelling evidence that it was done deliberately, it's best to assume it was a mistake. It would be stupid of the lawyer to deliberately attempt to change the order.
  #5 (permalink)  
Old 11-25-2008, 01:31 PM
Member
 
Join Date: Apr 2007
Posts: 58
Beaudoin is on a distinguished road
Default

No way! It's not that simple. I know that people make mistakes, and if it was simply a typographical error, I would understand. Had it been only the court order that was changed, I would have assumed that it was an honest mistake. But, in this case, they sent in a Statement of Arrears based on the false court order, and they tried to get me to pay thousands of dollars sooner than what was agreed. It was a nightmare.

It's been fixed. It took me a month and a half to do it though. The point is not just to fix it. I got no apology, no compensation for the time that I spent off work trying to fix it, etc. Why is that? Where is the justice in that?
  #6 (permalink)  
Old 11-25-2008, 06:40 PM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

Quote:
Originally Posted by Beaudoin View Post
No way! It's not that simple. I know that people make mistakes, and if it was simply a typographical error, I would understand. Had it been only the court order that was changed, I would have assumed that it was an honest mistake. But, in this case, they sent in a Statement of Arrears based on the false court order, and they tried to get me to pay thousands of dollars sooner than what was agreed. It was a nightmare.

It's been fixed. It took me a month and a half to do it though. The point is not just to fix it. I got no apology, no compensation for the time that I spent off work trying to fix it, etc. Why is that? Where is the justice in that?
If the lawyer did it intentionally, you can bet that he planned a way out in case you called him on it, and it probably wasn't the first or last time he's done it. Of course it's not just. Good luck trying to bring him to task, but you're fighting on his turf if you do try, the odds are against you.

All that said, I may be trying to do the same thing in response to an injustice perpetrated by my ex's lawyer. I'll post if I puruse it.
  #7 (permalink)  
Old 11-25-2008, 07:20 PM
Member
 
Join Date: Apr 2007
Posts: 58
Beaudoin is on a distinguished road
Default

You're right. I'm not under any illusions that I'd have any chance of successfully winning any case against the lawyer, and to be honest, when I made the complain to the Law Society of Upper Canada, I knew I had very little chance of a win. My only consolation is that the lawyer had to make a concerted effort to defend against the allegations. In that respect, it wasn't a total loss.

I think the only time injustices are ever taken seriously is if there is gross misconduct (because they couldn't outright ignore it, and in doing so, it could bring far greater problems for them), or when there is sufficient media exposure to publicize it. The fact is, lawyers can act with virtual impunity because of their superior knowledge of procedures and of the application of the law.
  #8 (permalink)  
Old 12-15-2008, 07:56 PM
Senior Member
 
Join Date: Sep 2007
Posts: 560
AtALoss is on a distinguished road
Default

I simapathize with both of you. It can be a tough battle against these kinds of odds. My spouse has been going through many and more similar situations. FRO acts like they can do as they please. To give many here hope there is change coming. We have recently had a major victory over FRO. and well we got the same response from LSUC. This story is enormous and the ramifications that it will have to divorce law. Please keep an eye out for posts from me starting in Feb.
My advice for anyone dealing with them is to remain entirely truethful... consistant. You have to firmly stand your ground. It can take what may seem like forever. Us, it was six years but it did happen. I know too it is not always an easy task.
Sorry if I come off like I am tooting my own horn but we hope what we are doing will make positive change to alot of people.
  #9 (permalink)  
Old 12-16-2008, 09:04 AM
Member
 
Join Date: Apr 2007
Posts: 58
Beaudoin is on a distinguished road
Default

AtALoss: ... thank you! Encouragement is always needed.
  #10 (permalink)  
Old 12-17-2008, 01:03 AM
billm's Avatar
Senior Member
 
Join Date: Sep 2008
Posts: 2,430
billm is on a distinguished road
Default

I am curious. If you paid too much to your ex, and it was clearly not what the court ordered, did you discuss it with your ex, what did you say, and what was their response?
Closed Thread


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
Spousal/Child Support Question Jenny Divorce & Family Law 6 10-01-2013 01:01 AM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 04:46 PM
Order rejected by Wif's lawyer dvr Divorce & Family Law 2 05-01-2007 01:03 PM
aftermath littleman Divorce & Family Law 1 09-27-2006 10:43 PM
Rule 25: ORDER Grace Divorce & Family Law 2 04-24-2006 07:55 PM


All times are GMT -4. The time now is 07:25 AM.