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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 03-06-2017, 10:18 PM
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Given the hostility to my points (and unnecessary rudeness) I've elected to withdraw from this disucssion Janus.

However, my experience is that I actually am a family lawyer licensed in Ontario to practice. It's all I do and my firm is in DT Toronto.

I find this forum a useful tool to explore options in litigation. Some posters have excellent ideas and suggestions. But the arrogance of others is the biggest weakness.

As a lawyer I know I don't know everything. I rely on research, colleages, CPD and endless reading to stay up to date.

Every file is different. As such it's hard to know what is the 'right' answer. But the rules are only a part of the litigants toolbox. Half of litigation is psychogical - both against the other side and the other lawyer.

To your question Janus, I've seen many people 'win' without disclosure. Not at trial, but because the other side gave up. I've also seen motions to stike pleadings heed results as I've suggested. I cannot guarantee it, but there are no promises in this.
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Old 03-07-2017, 03:56 PM
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Quote:
Originally Posted by Kinso View Post
Given the hostility to my points (and unnecessary rudeness) I've elected to withdraw from this disucssion Janus.
I don't think I was rude, I was argumentative. There is a difference

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To your question Janus, I've seen many people 'win' without disclosure. Not at trial, but because the other side gave up.
Which is why my advice was "proceed to trial". I don't see why you need a bonus motion. If you go to trial, and the other side hasn't completed disclosure, they are almost certainly going to lose.

With the motion to strike pleadings, realistically all you are going to get is an order for the other side to complete their disclosure. Which, let's be honest, is nothing really.
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Old 03-07-2017, 04:15 PM
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Quote:
I don't think I was rude, I was argumentative. There is a difference
Janus, I wasn't referring to you. I thought your points were valid and made without personal attack. I said your name as I was replying to your question.


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Which is why my advice was "proceed to trial". I don't see why you need a bonus motion. If you go to trial, and the other side hasn't completed disclosure, they are almost certainly going to lose.
Depending on the complexity of the case this may work. If the non-complying party has significant assets, proceeding to trial without disclosure is a bad idea. You can ask for a finding of adverse inference, but it's fraught with risk. If the case is simple... then I would agree. Proceeding without disclosure becomes more viable.

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With the motion to strike pleadings, realistically all you are going to get is an order for the other side to complete their disclosure. Which, let's be honest, is nothing really.
The first time perhaps. But repeated non-compliance with court orders will likely get your pleadings struck eventually.
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