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Old 11-03-2014, 08:11 PM
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Default Enforcing a supreme court order

I have a court order that says I shall have full use of my property after a date long ago, I have 3 peoples names on the title/mortage of the home, one of them was given a court order that by a certain date I shall have full and exclusive use of the property after that date which has long passed. She claims she is on the title and she will be moving in and changing the locks on the inlaw suite downstairs, she claims to have every right to.

I emailed her the copy of the supreme court order and told her she is not welcome, she replyed too bad so sad things change I am moving in, She has no where else to live.....

When she shows up with a few big guys and amoving truck what should I do? Will the cops show up to a call like this if I phone them and tell them my situation? I do not want the situation to get out of control in front of the kids....can I phone the rcmp ahead of time and give them the court order ahead of time as well as what the woman is planning on doing...or just wait until she trys to violate the court order then phone the police? What would she get charged with?

I have a step daughter living with me that would let her in as she is getting lots of stuff bought for her from this woman....she has had the key as well to access her personal items, not sureif she made an extra copy...I am not sure if she is allowed in if she is let in by a household member....once she sneaks in I am sure it would be harder to have her removed....

Wondering if taking steps beforehand is of any good for this situation, or if its a waste of time.
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Old 11-03-2014, 08:31 PM
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wow what a situation. I am wondering if you can get a no trespass order against the person in question. Ask the police, that's your best bet and find out your rights before the shit hits the fan.

Tell your stepdaughter not to let the person in no matter what. I take it the person in question may be related to the stepdaughter so maybe puts SD in the middle?
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Old 11-03-2014, 08:49 PM
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Ya stepdaughter, mother inlaw, they were in fights to the point rcmp was called....now the grandmother is buying her back, 16 yrs old.....the woman is crazy...unfortunately, I am usually a nieve compassionate nice person, but this woman is evil. I do not want her around the kids 7 and 16 other than a quick visit once in a while...just cause she is crazy I do not feel its my decision to try and totally eliminate a relationship between them...The home with her name on it is her only attachment to any family she has unfortunatley she wont let me sell it easily....and her family has pretty much abandoned her....as she is a very evil...i don't usually say this about people and give people lots of chances but she is a malicious evil...ill get you, ill win in the end kindof person...all I want is a simple and peaceful life for my 7 year old and my 16 year old stepdaughter.

Simply, I don't want to start getting my 16 year old involved....she already thinks I am a bad guy now probably for telling her not to let her grammy in. I guess I shall phone the police and ask, I am sure they will tell me to phone a lawyer....$$$$$

Hopefully I can tell her she is not moving in and stand in front of the door, hopefully she doesnt try to make it look like I hurt her....must be something a guy can do other than hire security lol.
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Old 11-03-2014, 08:52 PM
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Have a witness present with a video recording going, at the very least.
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Old 11-03-2014, 08:55 PM
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Quote:
Originally Posted by Rioe View Post
Have a witness present with a video recording going, at the very least.
totally agree..sounds like it will be a shit storm when this goes down. But what does he do if she tries it when he isn't home?
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Old 11-03-2014, 08:56 PM
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Quote:
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Have a witness present with a video recording going, at the very least.
Ok hopefully the situation arises in such a manner that can happen, thx.
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Old 11-04-2014, 07:28 AM
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Do not open the door! Tell anyone residing in your home not to open the door. This will be a high conflict situation with traumatic consequences for all who are involved.

If she shows up call the police and give them a copy of your court order. If you have exclusive possession then the police will advise her to leave.

She will have to make alternate arrangements.
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Old 11-04-2014, 08:02 AM
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I am under the impression that an order for exclusive possession deals with one spouse's right to occupy and the other's denial of access to the mat home - it is an order that deals with the relationship between the two parties only.

If the inlaw is not specifically excluded in your order, then I would think she has the right to move in and occupy if she is a registered owner - particularly if she has no reasonable alternate accommodations available.

What steps would she take if you barred her access? Would she hire a lawyer?

eta: I will add, I also thought excl. possession orders were given on as interim remedy only, why the delay in selling the mat home and dividing the proceeds?

Last edited by mcdreamy; 11-04-2014 at 08:06 AM.
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Old 11-04-2014, 09:27 AM
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Quote:
Originally Posted by mcdreamy View Post
I am under the impression that an order for exclusive possession deals with one spouse's right to occupy and the other's denial of access to the mat home - it is an order that deals with the relationship between the two parties only.
It is between the MIL and I, I am the father and primary caregiver of the children, their mother moved out, and the MIL moved out, then back in, and out again, now she wants back in. We were supposed to revisit the order 10 months ago, I have been trying hard to deal with her outside of court due to costs, she is very stubborn and wants to hold onto this house or get more back from it than she helped with in the beginning(long story)

If the inlaw is not specifically excluded in your order, then I would think she has the right to move in and occupy if she is a registered owner - particularly if she has no reasonable alternate accommodations available?

Her name is used in the order. She knew about this order before creating her situation to have no place to live.

What steps would she take if you barred her access? Would she hire a lawyer?

She would probably get a lawyer, maybe that would help speed things up selling the house..? Then she can spend the money going to court instead of me.

eta: I will add, I also thought excl. possession orders were given on as interim remedy only, why the delay in selling the mat home and dividing the proceeds?

The delay is her, She is a vengefull person who has to win in the end and have her way, I offered to hand over the house and the appliances and she said no, also maybe feels attached to the home as her guaranteed way to see the grandchildren as she does not get along with any of her own children, so I am presuming it is interim as it is supposed to be revisited, I guess I could take the order down to the court house and schedule a revisit without using a lawyer....?

I know the situation will probably have to go to supreme court, I just can not afford that right now, or for the last year or so, also because I wont give the mother inlaw what she is asking, and I did not aggressively pursue the revisit, and agree to the value of the home does that make me a bad guy in the courts view? Should I just hand my lawyer a 3000$ retainer and tell him I want the house put on the market asap, do what you have to? Part of the order was that the house be listed at her requested price on kijiji, and has been by me and I have maintained this ad(she was supposed to) I have asked to reduce the price many times, but she ignores or refuses. The only 3 responses I have gotten, none of them even consider a counter offer...price is way to high compared to other places around here that have much better quality build and features.
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Old 11-04-2014, 11:33 AM
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First, it is Superior Court of Ontario. The Supreme Court of Canada likely isn't going to be looking at this sort of stuff..

I would simply change the locks and look to get a restraining order to a peace bond. She can't keep coming and going in a place where she no longer resides.

If you have an order to exclusive possession, and her name is listed on the order, than the order applies to her as well. Should she attempt to re-enter the house, show the police the order with instructions to remove her.
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