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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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  #61  
Old 01-18-2018, 09:30 AM
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Thank you blinkandimgone.

I will look into it. More stuff to learn.
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  #62  
Old 01-18-2018, 10:21 AM
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Originally Posted by mafia007 View Post
She will need to prove that the justice made an error with the law.
Correct. As you have been served with the paperwork and you did post a link to your matter on CanLII there is a lot that can be provided now with regards to this matter.

Can you provide "The Legal Grounds for my appeal are:" (Set out in numbered paragraphs the legal basis of your appeal.)" which is generally found on page 2 on the Form 38: Notice of Appeal. Do not summarize... Just type the damn thing in or cut-and-paste it... The more detail the better.


Quote:
What are the odds for that when all the Laws he referred to are listed in his reason for judgment?
Hard to say need to know what claims the other party is making.

Note: If you want to oppose this appeal, you or your lawyer must prepare a respondentís factum required by subrule 38(9) of the Family Law Rules, serve a copy on the appellant(s) and file a copy with the clerk of the appeal court with proof of service (Form 6B). You must serve and file a respondentís factum at least 3 days before the hearing of the appeal. If you do not, the appeal will go ahead without you and the court may make a new order and enforce it against you.

Good Luck!
Tayken
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  #63  
Old 01-18-2018, 10:22 AM
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Even though papers were served on me, is it possible the Notice of Appeals is only a threat?
Is there a raised seal or a seal of any kind on the Form 38? Your best bet is to call the courthouse and ask. (Or go in person.)
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  #64  
Old 01-18-2018, 05:32 PM
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Default Notice to Appeal served

Quote:
Originally Posted by Tayken View Post
Can you provide "The Legal Grounds for my appeal are:" (Set out in numbered paragraphs the legal basis of your appeal.)" which is generally found on page 2 on the Form 38: Notice of Appeal. Do not summarize... Just type the damn thing in or cut-and-paste it... The more detail the better.
Slight correction... this is to Appeal a decision from the Superior Court of Justice. The Civil Procedures under Rules 61, 62 and 63 applies and it would be heard in the Court of Appeal in Ontario (Toronto). From Ottawa, it's a long damn walk!

So basically, I was served with form 61A Notice of Appeal and form 61C Appellant's certificate respecting evidence.

Here it is ; THE GROUNDS FOR APPEAL are as follows:


1. The Honourable Mr. Justice erred in law as follows:

a. By ordering the Appellant (Mother) to pay to the Respondent (Father) the sum of 130K$; (yes, I am now the respondent... a new role for me)

b. by ordering that the full equalization payment be paid to the Appellant by way of a roll-over from the respondent's pension;

c. he failed to make into consideration all the applicable factors in deciding that the equalization payment be made by way of a pension roll-over;

d. he failed to consider all of the evidence in making his decision;

e. he failed to consider the impact and fairness to the appellant as to the effect of his decision;

f. he failed to consider the impact and effect on the children of the marriage as a result of his decision;

g. after finding that he lacked jurisdiction to order the sale of the home, he effectively made an order that requires the sale of the home to satisfy his judgement;

h. such further and other grounds as counsel may advice and the Court may accept.
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  #65  
Old 01-19-2018, 11:18 AM
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Which all boils down to say:

I don't like the decision because it didn't give me what I wanted.

You do need to respond to it. Nothing in your posted decision is an "error in law" that I can see. But, I would have a lawyer respond rapidly to this nonsense.
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  #66  
Old 01-21-2018, 11:47 AM
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Quote:
Originally Posted by Tayken View Post
Which all boils down to say:

I don't like the decision because it didn't give me what I wanted.

You do need to respond to it. Nothing in your posted decision is an "error in law" that I can see. But, I would have a lawyer respond rapidly to this nonsense.


As I am self-represented, I replied to his email where he served me with the Notice to Appeal to let him know that in his grounds to appeal, there was no errors in law made by the judge neither in facts. Basically, there is no grounds to appeal and it has no chance to succeed. I will reply with my certificate to support my evidence form 61D. There is no need for me to reply with an application for Cross-appeal as the Reason for judgement from the trial is fair and should remain in force. I could still debate the joint account with her father which is all BS but for 5K$, it is not worth it. Occupancy Rent was dismissed so I receive no compensation for losing access to my home. It happens to more than 85% of the fathers so I'm in the statistics.

I also asked that he respond to my email of last two weeks ago where I requested the way his client is going to respect her payment and when. If she is going to refinance or list the house on the market with a reasonable time schedule. If not reasonable, I reserve myself the right to apply other recours to get paid, at her costs. The cost of the security (lien) on the house already being accounted for.

This is a no sense. She could have got everything she wanted just by finding another 15k$. She choose to spend that 15k$ in trial and now, she will spend 20-25k$ for an appeal. Just the transcripts from the trial will cost over 5k$. Can I say "HELLO?... Did you had coffee this morning?"
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  #67  
Old 01-23-2018, 11:24 PM
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Got a file number from the Court of Appeal. I served the other party with my Respondent's Certificate Respecting Evidence and it's ready for filing with the court in Toronto.


When the lawyer signed my affidavit of service (not my lawyer... just a friend), he saw by the grounds to appeal that they were just proceeding to gain some time, and prolonge the litigation. According to him, the other party's lawyer is just fulfilling his pocket. $$$
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  #68  
Old 01-27-2018, 04:36 AM
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Its a bogus appeal and may not even make it on the list.
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  #69  
Old 01-27-2018, 06:06 PM
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Quote:
Originally Posted by Tayken View Post
Its a bogus appeal and may not even make it on the list.


If a Court number was assigned, isn't it a sign that it will proceed further? Do you mean that there is a step before the Role List to determine if it should proceed to the Appeal Trial?


The way I read it, is that on the day of the Appeal, they first determine if it is dismissed or not. If it's allowed, they proceed immediately the same day.
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  #70  
Old 02-09-2018, 07:19 PM
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Default Another Victory on Costs

Just got the Cost Endorsement from my costs submission for the September trial and my ex must pay me a little amount. It is not very much as they look at the ability to pay but it's better than a kick in the ass.

At least, I'm not the one receiving the kick. I was self-represented so the majority of my out of pocket costs are from the previous years and not from the actual trial. Divorce is not cheap.

I will post the decision once it is made available on CanLii.
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