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OCL bringing motion forward to move proceedings to Toronto - Questions

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  • OCL bringing motion forward to move proceedings to Toronto - Questions

    Hi Community,

    OCL is bringing a motion forward to move the matter from Ottawa area to Toronto area.

    This is going to make it i believe:

    a. Impossible for me to get my children back to Ottawa.
    b. More difficult for me to continue self representing.


    I am planning on fighting the motion on the following grounds:

    1. The children were taken from their Ottawa home without my or their consent.
    2. That even though they have been in TO for sometime, their current residence is temporary.
    3. That moving the matter to Toronto prejudices my attempts at getting them back. See points a and b above.


    I don't plan on winning. But am going to fight like hell and file a cross motion to have the children returned to Ottawa.


    So my questions are the following:

    1. If I lose, is the OCL entitled to Costs ? They are the party bring the motion forward.

    2. Do I stand a snowballs chance in hell of beating this motion.


    as always

    thanks

  • #2
    CanLII shows lots of case law in my favour. phew. onto writing the factum !!

    Comment


    • #3
      I could be wrong: but if OCL is bringing this motion then their paperwork will state if they are seeking costs.

      Comment


      • #4
        Originally posted by Serene View Post
        I could be wrong: but if OCL is bringing this motion then their paperwork will state if they are seeking costs.

        Serene, thanks. I think your right. Only reason I asked is because while waiting to have my last motion heard (I won btw ) I observed that the OCL as party in another matter did not make a cost submission as one of the respondents to the motion. So I concluded that this is because they are payed by gov.
        Last edited by plainNamedDad44; 06-07-2014, 10:22 PM.

        Comment


        • #5
          OCL is bringing a motion forward to move the matter from Ottawa area to Toronto area.

          This is going to make it i believe:

          a. Impossible for me to get my children back to Ottawa.
          b. More difficult for me to continue self representing.
          You should hire a lawyer. The issues are complex, and the damage to your case if you lose will be irretrievable.

          Comment

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