Announcement

Collapse
No announcement yet.

clarification from the judge after trial

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • clarification from the judge after trial

    Hi all,

    Quick background - my trial was in Jan of this year, but I just got the ruling. I think in large part because of the 7 months it took, she forgot to rule on a couple of issues (ie in paragraph 1, she mentioned an antique book we were seeking an order on - but it's never mentioned again in 26 pages.)

    How do I go about getting clarification from a judge? Can I write her an cc my ex's lawyer? Or do I need to file an appeal or a motion to change?

    Thanks in advance!

  • #2
    How do I go about getting clarification from a judge? Can I write her an cc my ex's lawyer?
    Proceed with great caution and very respectfully.

    A phone call with the local trial co-ordinator for local practice would be prudent. Copy any correspondence to your ex's lawyer.

    Comment


    • #3
      DID both parties have a lawyer?

      Was there anything in the ruling/judgement/endorsement...on parties making submissions for other stuff? Usually dates are given for Respondent and Applicant.

      Review this link

      http://www.google.ca/url?url=http://...QuDx-H0QW1Uu3w

      Follow the "ruling" word for word when drawing up FORM 25?...think thats the one......make sure OP consents to the "ruling part"..(they have to)

      Next .....take out a FORM 14B.....fill it out with the additional terms..the Judge forgot about....send it to Oppossing Party for "consent"

      file form25 and 14B

      if the OP won't consent......do a 14B...asking the Judge for direction.

      then both parties can appear to chat about what the Judge missed.

      First try to make and finalize the Draft Court Order... TOGETHER

      Comment


      • #4
        Heed the advice given from Orleanslawyer and Mr. T.

        My ex's lawyer wrote 2 letters to judge, one blathering 16 pages (I kid you not) disputing the outcome of a motion hearing in May. Judge is not impressed. Lawyers had to retrieve transcript and both lawyers have been told that when they reappear before this judge (sometime this month) to be prepared for "severe costs" to be levied against losing party. Rightfully so, as this is a waste of court resources and judge's time.

        Comment


        • #5
          Originally posted by arabian View Post
          Heed the advice given from Orleanslawyer and Mr. T.

          My ex's lawyer wrote 2 letters to judge, one blathering 16 pages (I kid you not) disputing the outcome of a motion hearing in May. Judge is not impressed. Lawyers had to retrieve transcript and both lawyers have been told that when they reappear before this judge (sometime this month) to be prepared for "severe costs" to be levied against losing party. Rightfully so, as this is a waste of court resources and judge's time.
          I was under the impression that your situation was finalized?

          Comment


          • #6
            Originally posted by OntarioDaddyMan View Post
            I was under the impression that your situation was finalized?
            Yeah so did I when I received the divorce 4 years ago....

            Ex fights everything any which way he can. In a recent conversation with him he assured me that he will continue to take me to court and he is quite aware of the costs involved. He simply doesn't care.

            Best thing I can hope for is the "junior judge" that we are now stuck with will finally tire of him and start putting up barriers for the incessant litigation. We have been requesting something be done for over 3 years about his vexatious litigation but unfortunately that was before we requested, and received, a case management judge.

            I do not anticipate an end to this any time soon. Sure I may win costs every time but it is meaningless if these costs are not enforced. Ex has a phony-baloney job and they garnishee 40%. Whoop-de-doo. Meanwhile I have to figure out how to pay my lawyer.
            Last edited by arabian; 09-03-2014, 09:18 PM.

            Comment


            • #7
              Originally posted by OrleansLawyer View Post
              Proceed with great caution and very respectfully.

              A phone call with the local trial co-ordinator for local practice would be prudent. Copy any correspondence to your ex's lawyer.
              Excellent advice to consider OP ("original poster"). If both parties are struggling to understand the decision and resulting order you should have the lawyers in your matter request a "to be spoken to" with the Justice to get any clarification.

              You need to involve the other party and provide full disclosure for each and every step you take. Best that you get the consent of the other party before proceeding with anything.

              Good Luck!
              Tayken

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X