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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 04-20-2015, 09:19 PM
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Default So my ex gets her wish as our file is forced into trial.

This is just a simple intro to give you an idea how I have made it this long. I have done my best - I failed as ex pushes this to trial: (as Duty Council enlightened me, because she financially can and her lawyer is willing to take every penny he can out of her - not by advising his client but just doing as she wants and she wants trial). I lasted as long as I could on my limited income and mostly my RRSPs which are near gone. And this is headed for trial at the end of this year.

So there is no money left to pay for the cheapest safe roof over my head and pay legal fees or my biggest fear, of having to live in the streets as disability and little to no support is just not enough. It hurts to admit that again duty council beat the truth of my reality as it stood a few months ago: For several years I have had to chose between my medical issues or divorce as my priority, as I can't do both. The doctors understand the money is not there and I don't qualify for legal aid.

I am thankful to our duty council team for the help they could give, specifically three lawyers in particular up to now who were breaking their regulations as they did speak to me when I did have legal representation. I have relied on for the guidance and to show me where so I can make informed decisions. A simplified version; I have been told that as the date of trial has been set, Duty Council is being forced to limit what help they are able to provide today. More up to now they really made it hit home that the last lawyer was no different in the harm he was causing than the previous. As I remember their phrase, "I have been again, the punching bag of the lawyers and our legal system for the only reason they can see in the court documentation is, "I have not been able to prevent or protect myself", then they showed me why or how. I just got sick again.....

So I am asking some basic questions to confirm I understand at least the basics of the FLA, the divorce Act and to what I am told is perhaps "the most important in terms of following the procedures in the Superior Court being the FAMILY LAW RULES and here lies my "confusion", the potential of dealing with divorce court summarily for the only reason that now forced to self rep, I was beside myself when the lawyer set up a 10 day trial a year ago and medically today, I am being told by the specialists that I am not capable of handling the stress of a trial as a participant but as self rep I am being told I am unable to medically handle 10 days+ at year's end; without consequence. I have been asked, heck I asked many times for my last lawyer to correct some of the wrongs within our file as I was made to understood them to "potentially" be:

To start, I have learned my ex did not make even close to proper financial disclosure (I do have most of 2013, only sparse pieces of the remaining years which an accountant believes my ex is trying to hide financial issues to mislead the court). From what I understand this had to have been demanded prior to the trial date being set and this fact alone could have prevented the trial date - instead allowing a motion to deal with these non disclosure issues and refusal to release documents in her possession?

(I understand as the respondent has spent these past years ignoring any and all types of formal requests most notably specific financials disclosures, made by the lawyer representing me in writing, court submissions and verbally directly to the court (the sitting judges); requests or orders made by those same judges during the various hearings and conferences and DC did indicate she would not change with another written request but it would take requesting a special motion court appearance to resolve these issues alone.)

At the courthouse I was told that now the trial date was set, there could not be any more motions. I have been advised that her financials are so misleading, full of omissions, false claims and much more in her last provided NFP for the SS motion in 2013. That my last lawyer admits he never received a current one. How can a person make an honest offer to settle equalization payments in such a case? She has a ridiculous offer and two following threats that just says "go to trial to resolve" but dealing with costs and offers - without proper disclosure can it be argued this offer can't be considered, I have been trying to figure out how to put my reasonable offer in but how do I with all that is missing??

Are we allowed to utilize civil procedure rules in family law cases given what I found below:
I did come across civil procedure rules #49 and 51. #51 which allows documents to be submitted summarily prior to trial, with the point: no response within the 20 days means the other side did accept them as factual, true and authentic for purposes of the trial. If the respondent denies or refuses to admit the truth of a fact, the authenticity of the document(s) or reply with valid contrary evidence; the issue will be deemed as settled or if it must then be proven and accepted by the court - the court may then take the respondent's denial or refusal into account in exercising its discretion respecting costs.
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Old 04-21-2015, 07:18 PM
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Some statements of fact:

-Your ex is your legal adversary
-She and her lawyer will lie, cheat and steal LEFT, right and center.
-It is your job to prove that wwhat she is saying is untrue.

I am not sure about the "no more motions" perhaps what you want to do is file an amendment to your motion?

As for the acceptance of documents NOT contradictd - there is something like that in Quebec too.

What is the worst that happens, you lose verything, go to jail - don't worry about it. You won't be the first and you won't be the last. Are you worried the judge will be bias to your ex-wife - well you're right - they probably will be.

In any case, just go and do your best - if there is a significant failure on the part of the judge you can appeal (significant).

Just teach your kids what marriage and divorce means in Ontario at least so they can avoid what happened to you.

Lower your standards and expectations and you'll be fine. I have been in front of several judges and in every case no matter what my ex-wife did they ALWAYS made excuses to help her. Even when she tried to put ME in jail the judge said "If I put him jail who is going to pay her spousal support?" thus protecting her against herself.

Last edited by Links17; 04-21-2015 at 07:20 PM.
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Old 04-22-2015, 04:52 PM
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Quote:
Are we allowed to utilize civil procedure rules in family law cases given what I found below:
I did come across civil procedure rules #49 and 51. #51 which allows documents to be submitted summarily prior to trial, with the point: no response within the 20 days means the other side did accept them as factual, true and authentic for purposes of the trial. If the respondent denies or refuses to admit the truth of a fact, the authenticity of the document(s) or reply with valid contrary evidence; the issue will be deemed as settled or if it must then be proven and accepted by the court - the court may then take the respondent's denial or refusal into account in exercising its discretion respecting costs.
You can use the rules of civil procedure when issues are not addressed in the family law rules.

You want to use a Request to Admit:

REQUEST TO ADMIT

(2) At any time, by serving a request to admit (Form 22) on another party, a party may ask the other party to admit, for purposes of the case only, that a fact is true or that a document is genuine. O. Reg. 114/99, r. 22 (2).
COPY OF DOCUMENT TO BE ATTACHED

(3) A copy of any document mentioned in the request to admit shall be attached to it, unless the other party already has a copy or it is impractical to attach a copy. O. Reg. 114/99, r. 22 (3).
RESPONSE REQUIRED WITHIN 20 DAYS

(4) The party on whom the request to admit is served is considered to have admitted, for purposes of the case only, that the fact is true or that the document is genuine, unless the party serves a response (Form 22A) within 20 days,
(a) denying that a particular fact mentioned in the request is true or that a particular document mentioned in the request is genuine; or
(b) refusing to admit that a particular fact mentioned in the request is true or that a particular document mentioned in the request is genuine, and giving the reasons for each refusal. O. Reg. 114/99, r. 22 (4).

Citation: CanLII - Family Law Rules, O Reg 114/99
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