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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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  #1 (permalink)  
Old 06-07-2006, 04:56 PM
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Default Settlement Conference Adjournment... but only 21 days

Well I had a settlement conference scheduled for May 30th but I notified the court properly that I would not be attneding and filled out all forms as required and on time. I attended my Family Doctor's appointment in stead and he prescribed a morphine based painkiller to control the pain and arranged for an appointment with a surgeon, I just received another Settlement conference notice for June 20th,the lawyer or applicant did not ask me about my availability for this date as I am at work 40 miles away. I thought that the adjournment would be substantially longer. My ex is still living common law but they haven't reached the three year mark yet. Should I just go or request another adjournment? If I do go since it is only three weeks do I need to fill out and file a new settlement conference brief and NFP and Financial Statement, or do I just need to file a Confirmation of Attendance.

Thanks,
and Kudos for all previous help
Mcbroke
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Old 06-07-2006, 05:26 PM
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Mcbroke,

Quote:
I attended my Family Doctor's appointment in stead and he prescribed a morphine based painkiller to control the pain and arranged for an appointment with a surgeon, I just received another Settlement conference notice for June 20th,the lawyer or applicant did not ask me about my availability for this date as I am at work 40 miles away.
Out of common courtesy, the other side should check to see when your available for a case conference. It appears that you are having serious pain. Have you thought about consulting with your physician in regards to your ability to proceed with the legal matter. Perhaps your physician would recommend a hiatus from same until you are better and are able to handle the stress involved. Your health is paramount and should be put first before any court proceeding. The other sides claims is not urgent, they could of long ago brought forth an interim motion for relief but procrastinated.

It is surprising that the other side was able to book a conference 21 days away. Seems they are acting in an aggressive way to get some settlement. Makes you wonder what is their hurry!

I would complete new documents if you decide to go, with same contents different dates. Reason being, a brief does not form part of the continuing record and are to be returned or destroyed at the end of the conference.

lv
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Old 06-07-2006, 05:28 PM
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Mcb,

If your physician deems that your not able to participate and recommends an hiatus from the action, be sure to have it certified and keep the other side informed.

lv
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Old 06-08-2006, 10:11 PM
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Default Thanks LV

When you mean certified do you mean signed or is that insufficient as far as the doctor's note

The exes common law partner has two jobs ( he declares one but gets income under the table.) this may be the reason he won't disclose his income on her Financial Statement. Should I demand a form be sent to revenue canada I believe it is Form13A for his assessments for the years which they have cohabitated as she is seeking retroactive alimony back to January 2005. How do I attack his undeclared income (I know that they would walk away if it was suggested that I would contact Revenue Canada and mention that he is receiving undeclared income)

Their hurry in this matter is more than likely that they are building a house together (he's a bricklayer contractor). They probably want to know how big a house they can build if they were to get monies from me.

I have proof of cohabitation back to 2004, do I need to disclose it in my Settlement conference, or do I need an affidavit. I currently have a Private Investigators report with them cohabitating at three different addresses since the fall of 2004.

THanks again,

Mcbroke
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Old 06-09-2006, 10:22 AM
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McBroke,

you mentioned;

Quote:
When you mean certified do you mean signed or is that insufficient as far as the doctor's note
For court purposes, It is always best to have an official Dr's letter, certification rather than a note scribed on a RX pad.

Quote:
The exes common law partner has two jobs ( he declares one but gets income under the table.) this may be the reason he won't disclose his income on her Financial Statement.
According to the Family Law Rules, for financial statements,
http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

Rule 13
RULE 13: FINANCIAL STATEMENTS

FINANCIAL STATEMENT WITH APPLICATION, ANSWER OR MOTION

13. (1) If an application, answer or notice of motion contains a claim for support, a property claim, or a claim for exclusive possession of the matrimonial home and its contents,

(a) the party making the claim shall serve and file a financial statement (Form 13 or 13.1) with the document that contains the claim; and

(b) the party against whom the claim is made shall serve and file a financial statement within the time for serving and filing an answer, reply or affidavit in response to the motion, whether the party is serving an answer, reply or affidavit in response to the motion or not. O. Reg. 92/03, s. 1 (1).

FULL DISCLOSURE IN FINANCIAL STATEMENT

13(6) A party who serves and files a financial statement shall,

(a) make full and frank disclosure of the party’s financial situation;

(b) attach any documents to prove the party’s income that the financial statement requires;

(c) follow the instructions set out in the form; and

(d) fully complete all portions of the statement. O. Reg. 114/99, r. 13 (6).

ADDITIONAL FINANCIAL INFORMATION

13(11) If a party believes that another party’s financial statement does not contain enough information for a full understanding of the other party’s financial circumstances,

(a) the party shall ask the other party to give the necessary additional information; and

(b) if the other party does not give it within seven days, the court may, on motion, order the other party to give the information or to serve and file a new financial statement. O. Reg. 114/99, r. 13 (11).


that being so, I guess you have a formal letter to write to the other party

UPDATING FINANCIAL STATEMENT

13(12) Before any case conference, motion, settlement conference or trial, each party shall update the information in any financial statement that is more than 30 days old by serving and filing,

(a) a new financial statement; or

(b) an affidavit saying that the information in the last statement has not changed and is still true. O. Reg. 202/01, s. 3 (2).

QUESTIONING ON FINANCIAL STATEMENT

13(13) A party may be questioned under rule 20 on a financial statement provided under this rule, but only after a request for information has been made under clause (11) (a). O. Reg. 114/99, r. 13 (13).

ORDER TO FILE STATEMENT

13(16) If a party has not served and filed a financial statement or net family property statement or information as required by this rule or an Act, the court may, on motion without notice, order the party to serve and file the document or information and, if it makes that order, shall also order the party to pay costs. O. Reg. 114/99, r. 13 (16).

FAILURE TO OBEY ORDER TO FILE STATEMENT OR GIVE INFORMATION

13(17) If a party does not obey an order to serve and file a financial statement or net family property statement or to give information as this rule requires, the court may,

(a) dismiss the party’s case;

(b) strike out any document filed by the party;

(c) make a contempt order against the party;

(d) order that any information that should have appeared on the statement may not be used by the party at the motion or trial;

(e) make any other appropriate order. O. Reg. 114/99, r. 13 (17).

Rule 20 Questioning

RULE 20: QUESTIONING A WITNESS AND DISCLOSURE

QUESTIONING — PROCEDURE

20. (1) Questioning under this rule shall take place orally under oath or affirmation. O. Reg. 114/99, r. 20 (1).

CROSS-EXAMINATION

(2) The right to question a person includes the right to cross-examine. O. Reg. 114/99, r. 20 (2).


OTHER CASES — CONSENT OR ORDER

20(4) In a case other than a child protection case, a party is entitled to obtain information from another party about any issue in the case,

(a) with the other party’s consent; or

(b) by an order under subrule (5). O. Reg. 114/99, r. 20 (4).

ORDER FOR QUESTIONING OR DISCLOSURE

(5) The court may, on motion, order that a person (whether a party or not) be questioned by a party or disclose information by affidavit or by another method about any issue in the case, if the following conditions are met:

1. It would be unfair to the party who wants the questioning or disclosure to carry on with the case without it.

2. The information is not easily available by any other method.

3. The questioning or disclosure will not cause unacceptable delay or undue expense. O. Reg. 114/99, r. 20 (5).

It appears to me for your ex not disclosing her live in bf's income as per the Family Law Rules on her financial statement is somewhat unfair in the face of a spousal support claim.

In regards to undeclared income of this bf, be sure to have proof. I always say, you can't beat video. Have your PI video the bf moonlighting. Your PI is bonded and is also able to testify as a credible witness.

Time is of the essence to you due to they aren't quite common law yet. Currently, the bf has no obligation under the law to support your ex. Remember the 3 year rule of continuously cohabitation. I suspect this is why the sudden rush by your ex to get this matter moving.

lv
  #6 (permalink)  
Old 04-23-2009, 05:44 PM
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Default Financial Documents Requested

Question for anyone who can help... My ex's lawyer has requested financial statements for my corporation - a company that was started after my separation. I have provided my tax returns and Notice of Assessments for three years but she doesn't like what she sees.. too low an income.. all legit... my industry has been ravaged by the global recession but she refuses to see it..

Do I have to provide these financials ? I already provide my financial of my company that I had when we were married.. She doesn't like those either.. too big a financial loss. In fact our equalization could result in her inheriting $ 500,000.00 of debt... I wonder how the courts will see this???? Any advice? >>
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