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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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  #11 (permalink)  
Old 10-30-2017, 12:53 PM
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Quote:
indicating there will be NO FURTHER extensions.
The word you are looking to include is "peremptory".
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  #12 (permalink)  
Old 10-30-2017, 02:02 PM
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Quote:
Originally Posted by OrleansLawyer View Post
The word you are looking to include is "peremptory".
thanks OL.

defintion in law:

not open to appeal or challenge; final.
"there has been no disobedience of a peremptory order of the court"
synonyms: irreversible, binding, absolute, final, conclusive, decisive, definitive, categorical, irrefutable, incontrovertible; unappealable
"a peremptory order of the court"
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  #13 (permalink)  
Old 10-30-2017, 07:09 PM
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I like written submissions-only format. Wish all decisions were rendered this way.

Chances are, crap your ex's lawyer is submitting is a rebuttal to something you already presented evidence for correct?

If that is the case I'd just proceed and ignore the other side. Actually, I would not have given them a heads-up about this. If there is anything of value, which judge believes you should be able to respond to, then judge would likely adjourn the matter a/or reject the late submission. On the other hand, if it comes to you late with something you feel is imperative to respond to you should be able to, do so perhaps under "fresh evidence" rules?

What a frigging unending pain - I feel for you.
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  #14 (permalink)  
Old 10-30-2017, 09:04 PM
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Originally Posted by OrleansLawyer View Post
I said "most"lawyers. Didn't use the word "all". Can't be black and white.

Many good ones out there doing the right thing too. But most I have dealt with were dolts.
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Old 10-31-2017, 10:08 AM
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Quote:
Originally Posted by arabian View Post
I like written submissions-only format. Wish all decisions were rendered this way.

Chances are, crap your ex's lawyer is submitting is a rebuttal to something you already presented evidence for correct?
Yes, correct, they are supposed to provide a responding affidavit. Frankly I think I have them by the tail on this one. STBX's lawyer's reputation clearly already in the toilet with the Newmarket justices. This behavior just affirms it.

Any self rep that can mind their p's and q's and play fair and not fear a lawyer's blow hard rhetoric would beat this lawyer with their eyes closed.



Quote:
If that is the case I'd just proceed and ignore the other side. Actually, I would not have given them a heads-up about this. If there is anything of value, which judge believes you should be able to respond to, then judge would likely adjourn the matter a/or reject the late submission. On the other hand, if it comes to you late with something you feel is imperative to respond to you should be able to, do so perhaps under "fresh evidence" rules?

What a frigging unending pain - I feel for you.
Thanks Arabian... but I have my kids. They are a pain in the butt, but I love them more than life it self. STBX is the loser here, and has failed miserably in her attempt to lie though everything.

Last edited by plainNamedDad44; 10-31-2017 at 10:11 AM.
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  #16 (permalink)  
Old 10-31-2017, 12:44 PM
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Originally Posted by arabian View Post
I like written submissions-only format. Wish all decisions were rendered this way.
I agree. Justice Pazaratz agrees too. He only renders complete and typed orders now. No more of this letting a lawyer write up the order and have them argue about the content.

Some insight was given in a recent case on how he manages stuff.

Quote:
As counsel are aware – and as is evident from the fact that my July 4, 2016 endorsement was typed – I use a laptop in the courtroom to make all notes and to type endorsements (which are then printed immediately on a printer in the courtroom, for distribution to counsel and parties). I maintain a permanent record of all files I am involved with, and if a file subsequently comes before me again, I add to my prior notes in relation to that file. Accordingly, I maintain a continuous record of any involvement I have had on each file.
Catholic Children’s Aid Society of Hamilton v. A.T. and M.I., 2017 ONSC 5706 (CanLII)
Date: 2017-09-28
Docket: C-2242-06
Citation: Catholic Children’s Aid Society of Hamilton v. A.T. and M.I., 2017 ONSC 5706 (CanLII)
http://canlii.ca/t/h6fbc

He provides more detail on how he operates. All judges should operate this way!
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  #17 (permalink)  
Old 11-02-2017, 12:23 PM
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Default She missed her second extension !! Omg!!

holy cow,

so the deadline for the second extension for replying affidavit was yesterday and nothing....

I clearly stated as per OL's advice that the second extension is peremptory.

I have an Nov 4th deadline for which I have to get my ass in gear for. Its going to be tight.

I am pretty sure she's thinking, "ok, he'll be late on that and need my consent on that so if he want's it then he'll have to provide another extension".

I cannot believe this freekin lawyer. Who gave this person a law degree ?
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  #18 (permalink)  
Old 11-03-2017, 11:34 AM
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Some recent and funny caselaw for you to consider:

Armstrong v. Armstrong, 2017 ONSC 6568 (CanLII)

Date: 2017-11-01
Docket: D885/11
Citation: Armstrong v. Armstrong, 2017 ONSC 6568 (CanLII),
http://canlii.ca/t/hmvkv

Quote:
[11] Mr. Startek also indicated he has a personal medical appointment today at 1:00 p.m. The court always respects everyone’s medical issues, and I indicated that we could certainly work around Mr. Startek’s medical appointment. But that didn’t justify adjourning the trial.

Source: Armstrong v. Armstrong, 2017 ONSC 6568 (CanLII), par. 11, http://canlii.ca/t/hmvkv#par11
Good Luck!
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  #19 (permalink)  
Old 11-03-2017, 02:38 PM
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Default So, after two extensions... here's her response.

Got this last night. Remember, this is after a first extension which she agreed to, then a second due to a car accident where I set the date, in a peremptory manner.

"I am involved in a very serious and lengthy trial. You are already aware of this.

It is not acceptable for you to unilaterally dictate a schedule and demand I comply with it. If you were counsel, you would understand this. if you were reasonable you would understand this.

I will seek leave of the Court, in particular Justice XXXXX and plead my case to his/her Honour.

You will be served in due course. "


So the reasons seem to be alternating between her case load, and car accident. I called BS. I told her no further extensions, and to get her act together, and that I didn't think the Justice would be too impressed with her track record of keeping deadlines on this matter.


Thoughts ?
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  #20 (permalink)  
Old 11-03-2017, 03:21 PM
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Sounds like smoke and mirrors to get you to agree. Interested in hearing what Tayken and OrleansLawyer have to say.
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