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 10-11-2017, 08:29 AM
Member
 
Join Date: Sep 2014
Location: Oshawa
Posts: 35
WorkingMom2007 is on a distinguished road
Default Need advise on stopping Ex from filing 14B motion to adjourn trials/court date

Hi, I just found out that my ex had filed a 14B motion without service to have our pre-trial date postponed, and gotten another judge to postpone the trial that was to happen in November.

This matter has been going on for 10 years. 2 years ago we reached a settlement on custody and access on a final basis. Sole custody and primary residence was granted to me, with generous access granted to him on the following basis:
- 3/4 weekend visits (2 long, 1 short)
- Alternate weeks in the summer with two week summer vacation accesss
- Half of Christmas vacation alternating so each parent gets Christmas with son every other year
- Whole March break on un odd years

Only thing going to trial in Financial matter. We were to have gone to trial in November 2015, which has been postponed and postponed for one reason or another.

It has been clear that he regretted signing the settlement as soon as it was signed and filed for Judge's signature.

This isn't the first time, he has filed a 14Bmotion for relief purposes, rather than the procedural matters it was intended for. As he's self-represeneted, and I have legal counsel, every time he does this, it costs me money.

Please provide some sound advise or direction on how I can mitigate this, and conclude this matter.
Reply With Quote
  #2 (permalink)  
Old 10-11-2017, 10:24 AM
plainNamedDad44's Avatar
Senior Member
 
Join Date: Jul 2013
Posts: 817
plainNamedDad44 is on a distinguished road
Default

Hi WM2007, your STBX is entitled to file the 14B, I don't know if he can ex parte. 14B's are for procedural or non substantive matters. a delay in a trial date is a procedural matter, and is reasonable if its being asked for on reasonable grounds.

Lawyer's are only too happy to go to litigative war. Someone will end up paying. most likely your family and children (as that's money neither you or you ex have for the children or yourselves).

Make an offer to settle in writing. Its not a zero sum game. Make it generous, then if and when it goes to trial and he loses, you have the strongest case for cost submissions.
Reply With Quote
  #3 (permalink)  
Old 10-11-2017, 09:19 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

Working Mom: My ex started litigation 6 months after our divorce was finalized. He decided he didn't like the final Order. This has gone on for 7 years. It is "sport" for my ex and his g/f. His g/f does all of the paperwork and my ex merely shows up in court not having a clue about what has been filed. I get costs awarded (very small compared to the outlay in legal fees) but the costs merely added on to arrears. Different judge every time who feel that he deserves to be heard. Lately it has been junior judges who are helped in courtroom by duty counsel (yep it's ridiculous).

I am now self-represented. I recently screwed up with the forms (used incorrect province forms) but was assured by return mail from court (post-it notes no less) that my documents would "be with judge as correspondence at the hearing"? I have no idea how this will end up.

For me to fight my ex in court now it isn't costing me anything more than photocopying, gas and postage. I do miss having lawyer take care of everything though and I could have retained a lawyer but it just didn't seem to be worth it. If I am successful that's fine. If I am unsuccessful then that is the way it goes.

Your matter has been ongoing for 10 years? You probably know by now how easy it is to blow through 60 -70 k in lawyer's fees. You have to ask yourself if it is worth it in the end. Are you able to make a serious offer to settle or are you falling into the trap of being a "right fighter" at your family's expense?

Hope you can get out of litigation. There is more to life than living for the next court date.

Good luck

Last edited by arabian; 10-11-2017 at 09:24 PM.
Reply With Quote
  #4 (permalink)  
Old 10-11-2017, 09:30 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

Perhaps have a serious discussion with your lawyer about your current financial relationship.... a requirement for a different retainer. If lawyers know there is 'money in the file' they will often feed off each other and agree to adjournments. You might even have to consider a different lawyer if the one you have isn't closing the deal. There are other ways of resolving disputes legally. Binding arbitration is excellent IMO. My divorce was done in 9 months by way of binding arbitration (my problem was after the divorce).

It is also important that your lawyer requests costs after each adjournment or stall tactic... at least have the request on record so that you can recoup some of your money someday. If your ex would be unable to pay you (unemployed etc) then you have to ask yourself what you are doing paying for his and your litigation as your lawyer will not work for free.
Reply With Quote
  #5 (permalink)  
Old 10-12-2017, 08:48 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

working mom? you didn't think you were "workingdad" now because you have sole custody now did ya?jokes aside, this to me sounds like a question for your presumably competent counsel.

I'd leave it to the courts to label him as a flavirous litigant. perhaps if he's consistently losing his motions and they are found to have no merits, then you should ask for security costs before his motion moves forward.

If his motions are warranted and won in his favour, then perhaps you are being unreasonable.

until you have an agreement that he is happy with, he will continue to be unhappy and make you unhappy and that's just how the cookie will crumble.

Last edited by trinton; 10-12-2017 at 08:52 PM.
Reply With Quote
  #6 (permalink)  
Old 10-12-2017, 09:31 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

hope she has better luck than me.... my ex lost every motion he brought. Lawyer tried for veracious litigant but got nowhere as each and every time we had a different judge. Some people get lucky by requesting a "case management" judge whereas every time your ex files a motion it goes to same judge. Didn't work for me as we got a very lousy case management judge (newly anointed from personal injury law). I had a feeling about the judge we got but my lawyer didn't agree with me. This is one of those times, in retrospect, I wish I had insisted on a change. Anyhow, that is certainly something to look at. Find out how it is handled in your area. Might be worth a trip to the courthouse yourself. Lawyers get all "squeeby jeeby" over this stuff as they don't seem to want to rock the boat and will remind you that you are not their only client and they have to go up in front of these judges all the time.
Reply With Quote
  #7 (permalink)  
Old 10-12-2017, 09:51 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by arabian View Post
Lawyers get all "squeeby jeeby" over this stuff as they don't seem to want to rock the boat and will remind you that you are not their only client and they have to go up in front of these judges all the time.
depends on the lawyer. some lawyers are brave and simply don't take shit from judges, and put them on appeal and set them straight for once and all.

some lawyers are lousy and more concerned with pleasing the judge then fighting for and defending their clients rights and protecting them where and when necessary.

it is of course sad to know that Canadian judges bully lawyers and the lawyer in turn bully clients. That's our notorious family system for ya.

Last edited by trinton; 10-12-2017 at 09:58 PM.
Reply With Quote
  #8 (permalink)  
Old 10-13-2017, 12:46 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,922
arabian will become famous soon enough
Default

Quote:
Originally Posted by trinton View Post
depends on the lawyer. some lawyers are brave and simply don't take shit from judges, and put them on appeal and set them straight for once and all.

some lawyers are lousy and more concerned with pleasing the judge then fighting for and defending their clients rights and protecting them where and when necessary.

it is of course sad to know that Canadian judges bully lawyers and the lawyer in turn bully clients. That's our notorious family system for ya.
I agree with you on this. The problem is that most of us have never had experience with the legal system until our separations/divorces and we "trust" our lawyers. I made my observations after many years of litigation. Most people settle quickly and therefore fortunately don't have reason to examine the nitty-gritty of lawyer-judge to lawyer-client relationships.

I encourage anyone who retains a lawyer to be well prepared and have many questions posed to their lawyer ... demand answers and realize that ultimately you have to "instruct" your lawyer. It is quite intimidating, particularly when so much is on the line. We all are fearful of having to hire a new lawyer... how much will it cost me to get the new lawyer up-to-speed on my case...will the new lawyer screw me in another way.... All sorts of things must go through someones head when trying to make the correct decision.
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
Filing Contempt Motion LostFather Divorce & Family Law 4 05-18-2010 11:35 PM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 04:46 PM
Filing a motion question liquidlife Divorce & Family Law 3 04-01-2010 12:01 AM
Facing motion - can I adjourn? singledad99 Divorce & Family Law 16 02-27-2009 07:08 PM
filing a motion havebe Financial Issues 4 11-09-2006 07:37 PM


All times are GMT -4. The time now is 09:43 PM.