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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 03-24-2009, 11:57 PM
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Alentia is on a distinguished road
Default Perkins struck my application

Here is an update from my case:

6 months ago I have been ordered by Perkins to pay SS, which I couldn't afford. That was in 2008, while I didn't have my 2007 business taxes done. I was imputed $100,000 income despite CRA assessment of $71,000. In Feb I brought a motion to change and included my 2007 and 2008 business tax returns, personal tax returns for $36,000 for 2008, etc. My luck - there was Perkins again asking if I am trying to prove him wrong. Obviously he failed my motion again, while other party was trying to stike my application. Perkins gave me 1 week to serve other party with business reciepts, what I did. However other party still brought up the motion to strike right on TMC. Judge ruled that it's not the place and time. We were to proceed to Trial Scheduling Conference, while other party is granted permission to file 14B.

Here I am:

1. Other party filed 14B and Perkins struck my application. Basically my case it thrown out. However I did no longer had a case. Here is why:

CAS had a case against my ex and they obtained Court Order for me to file for Child Custody, so they would drop the case against my ex.

I filed Application for Child Customer under the Court Order.
My ex cleared issues with CAS and backfired on me with SS claim. Child Custody has been resolved by court order for join custody later on. Basically my Application was already settled.

I wonder if some one knows.
If court orders for Application to be struck, does it mean actual Application or my responses to other party claims as well?

If court orders me to pay costs because of my application being struck can I sue Ministry of Justice as I brought an application under court order and it was not my free will.

Next one. Other party brought 14B without notice. Were they suppose to serve me and should I have be able to prepare a reply?

Do we have a law for fair trial or Perkins just can through my case out for no ability to pay temp spousal support just 2 months before the trial?

I am obvisouly going to appeal the decision, but if someone knows answers to questions above. Please respond.
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Old 03-25-2009, 08:41 AM
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Wow, I don't have the answer for you. I take it you are self-represented.

I have this link that I found awhile ago that gives information on Superior Court motions to strike.

Superior Court Sentencing I

Also, if you google "motion to strike" and family law you should come up with more information.

There are pleadings, applications and answers. I was advised by a judge yesterday to bring a motion to have my ex's answer struck. He is totally in contempt and refuses to provide disclosure.

I had an experience with one judge who seemed to get the wrong opinion of me, then I worked that much harder to prove my point and be compliant to the extreme and low and behold, the judge's opinion changed in my favour.

Sometimes, being self represented, we spend so much time deflecting the opposing lawyer's blows, it is hard to communicate the true spin on the situation.
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Old 04-20-2011, 09:33 PM
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Default Case Closed!!!

After 5 years the case is closed by minutes of settlement.

Quick facts and chronology:

1. She applied for SS
2. Brought motion for immediate support
3. Support awarded around $600 per month
4. Brought new motion for bigger support, wanted $5000
5. I lost the motion, SS awarded at $2500 per month
6. Costs awarded at $20,000
7. I said F...k it all. I have 3 kids and wife to support, not paying a penny. Did not pay a cent.
8. Lost driver license
9. Lost passport
10. Declared bankruptcy
12. Default hearing: Judge threatened me with jail term. I said, please, sentence me, I do not care. He did not.
13. My application dismissed by 14B using false facts by her lawyer. Case lost, My application is stricken.
14. Motion by my new lawyer. Case re-instated
15. She appealed
16. Appeal dismissed
17. She is ready to settle (She already spent 100K in legal fees within last 4 years)
18. I was ready to settle from the start. Agreement to pay what I offered her at the beginning without times frames, now locked for 4 years. The amount just about the same as awarded at the first motion.
19. By the end of negotiations she refuses to sign, wants court date.
20. Her lawyer doesn't seem to like the idea of getting legal aid for preparation and 2 days in court.
21. She is desperately looking for new lawyer who will take case and legal aid at this stage. No one wants it.
22. My lawyer does not mind, just for the heck of it. The case is rather interesting.
23. Takes another four Conferences within 1 year time span. Judge considers case settled, even it is not signed. Orders to sign the settlement.
24. Settlement is signed. Case closed.

Aftermath:

We both lost about $100 she + $40 me in legal fees
We both lost 5 years of our health dealing with this BS
Kids were suffering emotionally
Little money left for kids university
My credit history is ruined, she has debt over $50K
She is going to get just little over $30K for the next 4 years

Who benefited:

Her lawyer, promising her quick victory and lifetime pension.

Who suffered and lost:

Kids
My wife
She
Me
Canadian Tax Payers
Canadian Banks
  #4 (permalink)  
Old 04-21-2011, 12:56 AM
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Lefty (or is righty?) just signed my minutes of settlement recently
  #5 (permalink)  
Old 04-22-2011, 10:06 AM
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Quote:
Originally Posted by Alentia View Post

Aftermath:

We both lost about $100 she + $40 me in legal fees
We both lost 5 years of our health dealing with this BS
Kids were suffering emotionally
Little money left for kids university
My credit history is ruined, she has debt over $50K
She is going to get just little over $30K for the next 4 years

Who benefited:

Her lawyer, promising her quick victory and lifetime pension.

Who suffered and lost:

Kids
My wife
She
Me
Canadian Tax Payers
Canadian Banks

THIS should be sticky and should also be a banner at the top of every page on this forum.

THIS is reality, boys and girls.

Cheers!

Gary
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