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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 05-05-2014, 10:02 AM
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Originally Posted by FS-CV View Post
1. Where is fairness at SC if my ex does not provide full disclosure and Case Management Judge is aware of this? Actually the Case Management Judge ordered her to comply with disclosure not late than Apr 2013. Ex simply ignores part of requested disclosure.
It is your responsibility to bring a MOTION forward asking for the enforcement of the order / endorsement and to provide the evidence that the disclosure was not delivered as ordered.

You have to remember that it is your responsibility to have a civil court order / endorsement enforced. You have to file a motion and request the court take action. They don't register orders for you and then have a police force that goes out and enforces them. You have to do this work yourself.

This is what another poster consistently has to do in his matter and gets costs each and every time this poster goes to have the order enforced.

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Originally Posted by FS-CV View Post
2. Where is fairness at the conferences if third party did not appear at TMC in Mar 2013, TMC in Jul 2013, TMC in Oct 2013?
Did you ask for your costs or for the costs to be determined by the trial judge? You are responsible for asking for costs at EVERY STEP OF THE CASE. It is your job. Not the job of the court. If you don't request costs you won't get costs ordered.

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Originally Posted by FS-CV View Post
The same party was not filing the TMC Briefs for all mention TMCs. During the TMC in Oct 2013, the Case Management Judge ordered that next step is Mediation and half-day SC.
Again, did you seek relief (costs) for the other party's non compliance with the Rules? It is your job to ask for the Rules to be enforced. Again it is a civil court proceeding. (This is why you should have a lawyer cause they remember to do this and know the rules!)

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Originally Posted by FS-CV View Post
3. Mediation was useless without full disclosure. The Case Management Judge is experienced judge and knew this.
You are mind reader? How did you know the judge knew this? Honestly, you really need a good lawyer to train you on what is happening in all this. The justice heard the matter probably because he is trying to narrow the issues - even very minor and small ones - before trial.

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Originally Posted by FS-CV View Post
4. In Apr 2014 as usually, the third party did not appear at SC (half day conference). Nevertheless the Case Management Judge allowed this party to bring motion re amending his pleadings. Is it fairness?
After the case conference is heard you can bring motions too. You can also oppose the other party's motion as well. Not sure what isn't fair about this. Also, it is RARE that parties would go on motion to update an Application. Generally, parties consent to allowing changes to applications without the need to go on motion to do so. I hope you didn't oppose his request to update the Application and forced the issue to go on motion. You would look like a total ass (in my opinion) to a justice if you did this.

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Originally Posted by FS-CV View Post
5. The Case Management Judge ordered that all parties have to bring Document Briefs for SC in Apr 2014. I was only one party who followed this order. The Judge was OK that opposing parties breached his own order and he did not pay attention to this fact. Is it fairness?
Did you make a request for costs for them not being prepared as ordered? The judge doesn't automagically award costs. Cost consideration has to be requested.

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Originally Posted by FS-CV View Post
6. Where is the fairness at the conferences if Case Management Judge knows that I was expelled from the business and opposing parties are bankrupting me now?
What do you think a Family Court Justice can do about this situation? If you have a problem with your employer, there are whole other Acts of law and courts to bring that matter to. You can't piggy back your employment conflict on your family law conflict generally. File a complaint against the employer to the appropriate court / tribunal. Or sell the business/company directly for wrongful dismissal.

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Originally Posted by FS-CV View Post
The Case Management Judge is receiving all my Fin. Statements. Also all my bank statements are filed in to Continuing Record too. Ordered by this Judge conferences brought 18 months of delays in the case and financial hardship for me.
You might want to find other employment rather than working in a hostile environment. You may also want to compromise on some issues that are really not that important. (Like consenting the updating of a Application rather than making it go to motion to update.)

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Originally Posted by FS-CV View Post
7. The motion regarding amending pleadings by third party is scheduled for the middle of May. In spite of the Family Law Rules the Case Management Judge ordered that if I want to bring the cross-motion, I have to file materials 3 weeks before the motion. Do you believe that this Judge does know the Rules? Where are the Law and Fairness?
Why would you force an update to the Application to go on motion? HOnestly? DO you have a lawyer? You should consent to the changes to the Application and move on. Why go on motion? The other party is going to be successful. Not much churns on the content of an Application which is not sworn by the way. It is a "theory" of the "case".

You are going to get smoked on this motion and your cross motion and find yourself paying costs. It is VERY unreasonable to force this into a motion.

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Originally Posted by FS-CV View Post
As a reference, in Mar 2013 the Case Management Judge was handling the Contempt motion against my ex re hiding net family property ($1.8M); TMC in Jul 2013; TMC Oct 2013 and half-day SC in Apr 2014. I am just showing that judge is well informed what is going on in the case.
Honestly. Are you being serious? A conference justice cannot hear another matter in the case. If this justice is presiding as a SC/CC justice and hearing a contempt matter in this file your first call should be to the Attorney General's office as the Rules do not permit this.

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Originally Posted by FS-CV View Post
And in the end - my Case Management Judge is Mr. Justice Czutrin!
Suffice to say, Czutrin is the best family law justice out there. From your comments above it sounds like you are confused and in need of a very good lawyer to clean up your mess.

Suffice to say... You are expecting too much "automagical" reactions from the court. If Czutrin is on your file it is because one (or more) parties are high conflict and/or the matter is very complex.

Good Luck!
Tayken
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  #12 (permalink)  
Old 05-05-2014, 02:28 PM
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Well, I can say that from the info the judge relied on I understand why the recommendations went in favour of the ex. My main concern is that the judge also made comments along the lines that i should give up custody of our child because I will always be the child's father. I was insulted and tempted to rebuttal that which I'm sure could have cost me if the judge found me I. Contempt of court . Absolutely ridiculous really. And not only that , but how easy was it for the judge to insinuate that mediation failed because of me?

My opinion is that there is a lot of hearsay and the judge is buying it . There could have been a different outcome had the the judge made more of an effort rather then basing it on subjective claims made by ex.

I feel the judge added more fuel to the exs fire. Which now makes it next to impossible to mediate or resolve outside of court. It's been less then a wrk and the fire is already burning .

My next step is to prepare for TMC.


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  #13 (permalink)  
Old 05-05-2014, 02:53 PM
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My opinion is that there is a lot of hearsay and the judge is buying it . There could have been a different outcome had the the judge made more of an effort rather then basing it on subjective claims made by ex.
There are only technical outcomes from a "conference". A justice cannot order on a substantive issue. Justices often don't waste time with "hearsay" in a Conference which only has "briefs" (WHICH SHOULD BE BRIEF) to work from. They don't review (generally) the whole file.

You need to better understand the rules of Hearsay. The best person to represent you in your matter is a lawyer. They are trained to know this stuff in generally and are experts.

Weighing Evidence - Appendix A: The Rules of Evidence and the Canada Evidence Act - Immigration and Refugee Board of Canada

Don't waste your time trying to "convince" a justice at a Conference. They can't order jack squat really. Just technical orders (like disclosure). So, don't play your whole theory of the case and all your evidence in that venue.

That may be why the judge is pointing the finger at you... Because you are fighting it out at an inappropriate venue rather than looking to settle.

Read this main post and the attached case law from the Honourable Madame Justice Mosip and always remember:

http://www.ottawadivorce.com/forum/f...-mossip-13753/

Quote:
What is sad for the Court is the amount of time, money, energy, and emotional angst, that these parties have engaged in to convince themselves, the other party, the children, their friends, the professionals involved, and now the Court, that their truth is the “real truth”; that their version of events is what actually happened.
Also, you are struggling with the basic concepts of Relevance I suspect as well...

http://en.wikipedia.org/wiki/Relevance_(law)

That ^^^ is why lawyers make money and get paid to do their jobs. Because they (a) understand the rules of hearsay, (b) relevance, (c) when to make an argument and most importantly (d) WHEN NOT TO MAKE AN ARGUMENT because the matter is based on irrelevant hearsay....

Good Luck!
Tayken
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  #14 (permalink)  
Old 05-05-2014, 06:38 PM
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So If I understand you correctly, I wasted my time arguing against irrelevant issues regardless of the judges recommendations?

I wasn't looking for an Order. I agreed to the order of vacation. I compromised my already scheduled vacation in mediation in hopes that the ex would show appreciation and maybe want to work things out side of court. I was terribly wrong .


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