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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 07-07-2006, 09:25 PM
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Default Settlement Conference Transcript and Judges Endorsement

After speaking to the Manager of the court (she could not quote a rule or law that states why I was not able to obtain the Settlement Conference Transcript) she told me that it was by direction of the Head Justice that Transcripts not be available. and that it would require a Judges Order to obtain a transcript) The manager of the court gave me the court registrars name and told me to speak to her. I called she is off till Monday

I was no further ahead. I also called the Ministry of the Attorney General and they said to email them with my concerns, but I stressed urgency and time was at a premium.
So I guess I have to wait until Monday

Meanwhile I obtained the Judges Endorsement....

Summary (from what I can make out)..


Applicants Lawyer and court notified that I would not be attending.
The applicant and the court are frustrated by my non-attendance.

It mentions the first settlement conference and the conflict with a Drs appointment and the letter from my GP and the health concerns

The court gives the benefit of the doubt and will put this matter over one more time to (the date) end of July. for a trial Management Conference. This matter cannot languish in these courts any longer.

Judges Signature

Does this all sound right?
Does the Head Justice rule on publications?
Or is this just a whitewash....

Do I really need a Judges Order to have a copy of something that the Applicant , the Applicant's Lawyer, and the Judge are privy too?

In the Judges Order it is stated that the Judge heard and read submissions from the Applicant.... no mention of my submissions in written form.

Thanks everyone for letting me bounce my frustration
I appreciate any advice. Thank you once again,

Yours truly,
Mcbroke
  #2 (permalink)  
Old 07-08-2006, 07:36 AM
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Mcbroke,

Quote:
After speaking to the Manager of the court (she could not quote a rule or law that states why I was not able to obtain the Settlement Conference Transcript)
Reason why she could not quote a rule or law is because there is none.

Family Law cases are governed by the Family Law Rules which can be found here.

http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

Moreover, if an issue is not covered by the Family Law Rules, rule 1(7) allows you to refer to rules of civil procedure.

MATTERS NOT COVERED IN RULES

(7) If these rules do not cover a matter adequately, the court may give directions, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the case and, if the court considers it appropriate, by reference to the Rules of Civil Procedure. O. Reg. 114/99, r. 1 (7).

A copy of which can be found here

http://www.e-laws.gov.on.ca/DBLaws/R.../900194a_e.htm


Quote:
she told me that it was by direction of the Head Justice that Transcripts not be available. and that it would require a Judges Order to obtain a transcript)
If it is a practice direction, then they should have them handy for reference. Moreover, they usually post practice directions on line for the benefit of all, as they want all to be aware. Practice Directions can be found here.

http://www.ontariocourts.on.ca/super...ices/index.htm


Quote:
Meanwhile I obtained the Judges Endorsement....

Summary (from what I can make out)..


Applicants Lawyer and court notified that I would not be attending.
The applicant and the court are frustrated by my non-attendance.

It mentions the first settlement conference and the conflict with a Drs appointment and the letter from my GP and the health concerns

The court gives the benefit of the doubt and will put this matter over one more time to (the date) end of July. for a trial Management Conference. This matter cannot languish in these courts any longer.

Judges Signature

I would think the previous held conference most likely lasted about 5 to 10 minutes. Most likely the applicant's lawyer did speak to the Judge, hence the term "frustrated" in the endorsement. How does the Judge know how the applicant feels?

After speaking with the Registrar on Monday, if you are unable to receive the transcript, I wouldn't worry about it too much at this time. If they require a Judicial order, you could always request one at the the next case conference.

Quote:
In the Judges Order it is stated that the Judge heard and read submissions from the Applicant.... no mention of my submissions in written form.
The Judge may of read submissions from the Applicant, but it is very difficult to hold a successful conference if one party is absent. Conference briefs do not form part of the trial record; Application, Answer and Reply are the documents for the trial record.

At your next conference, bring up your health, have proof of same. If the Judge does not buy it, focus on the necessary disclosure that you require. You can also refer to your "request to admit" that you served and filed. You could also request financial examination questioning under rule 20 of the third party.

You should have the response in hand of the request to admit. If some of your requested disclosure is avoided, request it again at the next conference.

lv
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Old 07-11-2006, 01:22 AM
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There may not even be a recording of the settlement conference.

Normally, settlement conferences are held off the record unless the judge or one of the parties specifically requests that the proceeding be recorded. The point of a settlement conference is to encourage settlement, and recording every word and producing a transcript of what was said would not be conducive to settlement.

Also, I agree with LV that little probably happened at the settlement conference other than what was on the endorsement. A judge will be hesitant to take a step when one party isn't present. Add to this that the purpose of a settlement conference is to discuss settlement and that normally no substantive orders are made, I doubt the conference lasted more than 5 minutes.
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Old 07-11-2006, 06:48 PM
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Default Thank you Jeff and LV

The court registrar called me back after talking to the Duty Judge and said that pretty much what you have told me, that the transcript is for the use of the judge only. I was informed that it was recorded. I however contacted the Ministry to inquire as to why it is not available on an information basis only.

I don't want to waste time with this any longer than is necessary as I feel that research is where my energy should be focused as to case law that may be of some benefit to me.

Does anyone know of any case law that would be relevant/benficial to for my situation. ie:

Spousal Support, Costs, Net Family Property.

She is seeking retroactive spousal support, but I don't want to ask for child support or should I as an offset. I figure that the minor disparity in our incomes is cancelled out by my health, her being younger and healthy, me making and maintaining a home for the children.

Also the fact that I have no means with the amount of marital debt being a hindrance as well as the fact she does not exhibit need as she has cohabitated right from her departure from the marital home.

Are there examples or case law I can draw from to enhance my postion on the 17E (trial management) form?


Thanks again for all the help,
Mcbroke
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Old 07-12-2006, 10:29 AM
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mcbroke,


I would focus on the issues at hand. Have you received your proper financial statement with her live in boyfriends income yet.

One thing to remember is child support is the right of the child and if the child is living with you and you are supporting the child, then yes request an order for tabled child support.

You really do need disclosure on "their" true financial situation. Their living expenses are shared.

lv
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Old 07-12-2006, 07:01 PM
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Default Thanks LV

My reasoning for not asking for child support was that the applicant's lawyer calculated the child support added it to my wage subtracted it from hers which then created a greater spread in the two incomes.This created a possibility that I would have to pay spousal support.

I may be wrong with this:

Then in 16 months when child support ends I will still be paying alimony based on the originally calculated spread on my current wage unless I go before the court and request a reduction because I will either be on disability or on a much lower retirement income.
I thought by just getting by and providing for my family until they finish school
and then retire or possibly go on disability I would avoid the complexities of I pay, she pays.

Is that how it works?

PS. My income at retirement will be 75% of hers. I have served them with a formal request for the income of the bf along with the service of the Request to Admit.



Thanks LV
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Old 07-12-2006, 09:50 PM
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mcbroke,

hopefully you will receive the requested disclosure. If they continue to play games then ask the court for an order for disclosure at the next conference.

You still have the option to question your ex about her sworn financial statement. This financial statement is to be filled out completely. Sections are not to be be left blank. Part 6 is specific. You could also bring this up to the Judge at the next conference.

lv
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