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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 05-09-2007, 02:55 PM
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I have spoken with my ex's lawyer's assistant and they plan to serve me with his answer tomorrow. I want to make out a reply affidavit...do I use the affidavit form or is there another form for this? Can my mom serve my ex with the reply since she lives close to him as I have no way to travel out there or can I serve his lawyer? I have asked him for a list of documents for financial disclosure and what happens if he doesn't submit those on his form 13? Any response would be greatly appreciated.
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Old 05-09-2007, 06:48 PM
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dickstacie,

Use the regular affidavit form for your optional Reply affidavit. Its better to serve the lawyer on record if you can but if you are unable you could have your mother serve the individual. Whomever serves the document will have to complete an affidavit of service and file both into the record.

If your having a case conference first - address the non financial disclosure then before the Judge. The Judge most likely will order the requested disclosure if its relevant to the circumstances.

lv
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Old 05-09-2007, 06:59 PM
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Thanks. The lawyer is in Ottawa, so I'll just serve them instead. Thanks for your help again!
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Old 05-09-2007, 07:03 PM
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Just one more thing. If I serve the lawyer and she isn't there since this is time sensitive, do I just go and serve my ex? It took his lawyer's assistant three weeks to get back to me, so I'm hoping that she will be there when I go to serve the documents. Do I just have to serve him with a reply affidavit and my witness statements and that's it?
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Old 05-09-2007, 08:03 PM
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dickstacie,

Serve a copy on your ex if you cannot find the lawyer. File the originals into the continuing record along with a completed affidavit of service.

Since your the moving party, don't forget about your completed 14C confirmation to be filed before 14:00 p.m. 2 days before the scheduled date.

I'm not clear what you meant by witness statements.

lv
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Old 05-10-2007, 08:22 AM
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I submitted my 14c when I had put my original affidavit and case conference brief into the continuing record after I served my ex, so that's done. My witness statements are the letters that people have written to prove my facts about the case. One from the bus driver stating that I have dropped my son off on Friday mornings at the bus since the start of this school year, and another one by my mom and roommate stating the same thing, but also to the fact that I have had him on numerous weekends. I was going to attach them as evidence to my reply affidavit.
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Old 05-10-2007, 08:44 AM
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dickstacie,

Quote:
My witness statements are the letters that people have written to prove my facts about the case. One from the bus driver stating that I have dropped my son off on Friday mornings at the bus since the start of this school year, and another one by my mom and roommate stating the same thing, but also to the fact that I have had him on numerous weekends. I was going to attach them as evidence to my reply affidavit.
The court may reject the letters if attached to exhibits to your own affidavits.

To maintain as evidence, Have these individuals complete their own affidavits with same content of the letters subsequently serve and file into the record.


In the matter of Desouza v. Desouza, 2002 WL 36331 (Ont. C.J.), Katarynych J. held that self serving letters are not proper evidence.

Paragraph 4 and 5:
4 I made these findings without regard to materials filed in the motion that did not constitute admissible evidence, notably:

• letters of support appended as exhibits to certain affidavits; and

• a brochure appended to the father's affidavit as proof that he had registered for a parenting skills course.

5 Self-serving letters of support are not evidence. The adjudication is not a popularity contest. A brochure is not proof of registration, nor is registration proof of any benefits obtained from a course of this nature.
lv
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Old 05-10-2007, 09:36 AM
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I attached the cited case from above in pdf

lv
Attached Files
File Type: pdf Desouza v. Desouza PDF.pdf (32.4 KB, 4 views)
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Old 05-10-2007, 10:06 AM
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Thanks, I have talked with my witnesses this morning and they can't write and swear an affidavit at this time due to scheduling on their part. I'm hoping that the judge will just look at thing as they are since I'm not asking for the moon, just an order for current status quo and child support according to the guidelines. It should be cut and dry..but it is court..lol. Do you know of any views of judges concerning retroactive child support?
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Old 05-10-2007, 10:15 AM
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The witness statements that I have aren't really self serving, they are just facts backing up the status quo regime as it has been for the last 8 months, I did not include in my affidavit or case conference brief anything that would harm my ex's character. The statements that I have do not even mention my ex, just the time that my son has spent in my care. I do plan to include in this reply affidavit all the threats my ex has made against me concerning phoning the police, as I find them harrassing and he has not acted on his threats. Do you still think they would ignore them since they do not have anything to do with my ex?
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