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how to view records without counsel?

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  • how to view records without counsel?

    May have to end up self repping.

    How can records, that are only to be viewed by counsel on record, be viewed by a self represented litigant after the lawyer comes off the record?

    I believe they are for counsel eyes only.'

  • #2
    File change of representation form. When you go to the clerks office and get your waiting number click "self representing". Be sure to get your file number from your old lawyer.

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    • #3
      Originally posted by LovingFather32 View Post
      File change of representation form. When you go to the clerks office and get your waiting number click "self representing". Be sure to get your file number from your old lawyer.
      I don't think I made myself clear. I'm not talking about the continuing record. I can access that no problem, that's child play. I'm talking about record from 3rd parties and other service providers, i.e., police, children's aid society, etc.

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      • #4
        You'll need to get an order for disclosure (procedural 14B motion) and serve it to the agencies.

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        • #5
          Originally posted by LovingFather32 View Post
          You'll need to get an order for disclosure (procedural 14B motion) and serve it to the agencies.
          I still don't think i'm making myself clear enough. I've already brought forward a motion and obtained an order for these records to be released, however, I believe that the police and cas records are only available to counsel only - the parties can't see them.

          When I become self-repped, how would I be able to view these? Would I have to attend and view them at opposing counsel's office?

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          • #6
            If this is now police records and cas records you are referring to. I would assume you can file a FOIP request on this if your name is mentioned in any of these records. That's what i did for the police records.

            I don't see a situation how police and CAS records can only be view-able by counsel.

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            • #7
              Originally posted by FirstTimer View Post
              If this is now police records and cas records you are referring to. I would assume you can file a FOIP request on this if your name is mentioned in any of these records. That's what i did for the police records.

              I don't see a situation how police and CAS records can only be view-able by counsel.


              They can't release information about the other parent to you. Only counsel can see it.


              Sent from my iPhone using Tapatalk

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              • #8
                How does one handle this when self-represented then?

                There is no rule that a person has to have a lawyer in any court in Canada as far as I am aware.

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                • #9
                  how to view records without counsel?

                  Originally posted by arabian View Post
                  How does one handle this when self-represented then?

                  There is no rule that a person has to have a lawyer in any court in Canada as far as I am aware.


                  I'm interested to see what the case management judge is going to say. I don't think that they would order the lawyer off record when there is a final order stating that records will be released to the lawyer. It's a bit of a train wreck at this point.


                  Sent from my iPhone using Tapatalk

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                  • #10
                    Originally posted by trinton View Post
                    I'm interested to see what the case management judge is going to say. I don't think that they would order the lawyer off record when there is a final order stating that records will be released to the lawyer. It's a bit of a train wreck at this point.


                    Sent from my iPhone using Tapatalk
                    Trinton .. if you ant police records where your name is mentioned you can get it. I did it before I was represented. It was called the "Freedom of Information Act". You fill out the forms and pay $5.00. It will blank out a lot of privacy stuff about your ex but there were a ton of gems in it for me, such as ex telling police different things than she told OCL or he judge. Bye Bye credibility.

                    When your council leaves the case my friend..YOU become the council. You have access to anything you want. Especially since you have an order stating that your lawyer was granted access but is now gone.

                    If you're worried about the wording of the order, file a 14B procedural motion and simply let the judge know that you'd like to change to change the wording on the order to "you" receiving the disclosure from agencies. Judge will change it right away.

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                    • #11
                      Originally posted by LovingFather32 View Post
                      Trinton .. if you ant police records where your name is mentioned you can get it. I did it before I was represented. It was called the "Freedom of Information Act". You fill out the forms and pay $5.00. It will blank out a lot of privacy stuff about your ex but there were a ton of gems in it for me, such as ex telling police different things than she told OCL or he judge. Bye Bye credibility.



                      When your council leaves the case my friend..YOU become the council. You have access to anything you want. Especially since you have an order stating that your lawyer was granted access but is now gone.



                      If you're worried about the wording of the order, file a 14B procedural motion and simply let the judge know that you'd like to change to change the wording on the order to "you" receiving the disclosure from agencies. Judge will change it right away.


                      So I take it the court can order for me to see the police records? I'm talking about everything in the police records. I've already got the blocked out police records but to see what everything she said, counsel can see that- as to my understanding. I want to see the full story without big black boxes.

                      What about CAS records? I spoke with a local lawyer whose advised me that CAS records can't be viewed by self represented parties. Anyone get CAS records directly?

                      There is also the issue of cellphone records. Those are supposed to be strictly counsel eyes only due to privacy issues.


                      Sent from my iPhone using Tapatalk

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                      • #12
                        I just found this document which may or may not be of use to you a/or relevant to your situation. I found it quite interesting, particularly the part about the written records as opposed to the "synopsis" prepared by CAS.

                        http://www.legalaid.on.ca/en/info/do...tips_08mar.pdf

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                        • #13
                          I don't understand the "counsel only eyes" thing. In fact I think it is absurd and makes little sense to me. Since when do people have to have a lawyer to obtain information?

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                          • #14
                            Originally posted by arabian View Post
                            I don't understand the "counsel only eyes" thing. In fact I think it is absurd and makes little sense to me. Since when do people have to have a lawyer to obtain information?


                            Since when the privacy act came to be.


                            Sent from my iPhone using Tapatalk

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                            • #15
                              I should also mention that records are ordered to be released to the counsel on record.


                              Sent from my iPhone using Tapatalk

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