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  • Advice on what to do....Confused?

    I am kind of at a loss at how to properly proceed right now or if there is something I should be doing to help my case and maybe accelerate the process. I am currently heading to trial the week of Feb.16 of this year. I am the Responding party to a motion to change but am the Applicant. This is also my first time in the Superior court instead of Ontario.

    Let me give a brief break down.....

    On our last court date in Oct. 2015 the Justice filled out Part 2 of the Trial Scheduling Endorsement form. On Jan. 15 (a week and a half ago) my ex and I were supposed to serve each other Admission forms and updated financial statements. My ex was also due to serve her opening statement and she was to make the trial record.

    I completed and served the neccessary forms to her on the 15th but I got nothing from her or her lawyer. I went to the court house to file my financial statement and my admissions form but was unable to because those documents are required to go in to the trial record but there wasn't one to do that. So I was unable to file anything at that time.

    We had more stuff due the next week on the 22nd. We were both supposed to respond to the Admissions forms that only I had served her a copy of on the 15th. She was also supposed to serve me a copy of her proposed exhibits on this date as well. Again I have gotten nothing from her. I was to complete my opening statement on this date and add whatever I needed to the trial record.

    As the trial record wasn't completed by her I made a Trial record my self and Labelled it Responding party's trial record. I put all the necessary documents in it and the documents that I couldn't file the week before. My opening statement was also do so I put that in it as well. I served her and filed it at the court house.

    This is where I am a bit confused at how to properly proceed or how she can. She is supposed to serve me a Statement of agreed facts on the 29th of this month. But how does that work if she never served me an admissions form? I served her one on the 15th but our due date to respond to those admissions was the 22nd that came and went. Does this mean she is unable to respond and anything that I have in that document will be seen as fact?

    She also has not completed or served me a single thing. All her stuff minus the statement of agreed facts should be in by her. Any advice on what to do or how to proceed.

    Also all my evidence is supposed to be in by the 29th. The clerk at the court house said it needs to be in a separate evidence book that is similar to the trial record. Is this true? I never did that the last time I went to trial. I had all my evidence and testimony from myself and my witnesses in affidavit form but they were at court to be cross examined.

    And one final question.On Part 2 of the Trial Scheduling Endorsement there is a spot that says "Will and witnesses' evidence be given in chief by affidavit:" with the no check box checked off. Does this mean my witnesses can't provide testimony through affidavit? Or does this just mean they need to be at court to be cross examined at trial?

    Thanks guys and girls in advance for speedy replies as all this stuff is happening and approaching fast.

  • #2
    Thanks for the reply Ontariodaddy.

    I just felt more comfortable doing everything in affidavit as I do not have a lawyer and really don't know how to question my own witnesses. I did ok cross examining at our last trial I think.

    I guess what I'm curious about, with her not filing anything, is that she had done a psychological assessment behind my back that full of deceit and lies because she took my son without my knowledge.

    My son is with me 98% of the time and she's asking court for custody and support. The judge has told her that assessment will hold little weight because I was not included and she was told she has a burden trying to prove any material change in circumstances with my son.

    Can she still include that assessment or any form of evidence at all since she missed all the due dates? Or is basically all verbal now.




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    • #3
      What about questioning myself. How do I go about that if its not in an affidavit


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      • #4
        At this point with the way she is I doubt she will even show up in court.


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        • #5
          Ok and on that note.....

          All our dates to file by have come and past. She hasn't served me with anything she is supposed to. Well she hasn't served me with anything.

          I'm wondering if I can file a summary judgement motion in my favour. And if I can how do I go about it. Doesn't her actions speak as someone who is not contesting anymore.

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