"Speak To With Original Trial Judge"

[Tayken]

Going to a "speak to" with original trial judge next month as ex is trying to open and relitigate same issues judge ruled on at our trial last year. Cost decision is still pending. What decisions can the judge make at a "speak to"? Can judge dismiss ex's motion outright? Ex filed new motion within 6 weeks of original decision, even before cost submissions were filed.

The "speak to" is an informal meeting depending on the Justice presiding over the matter. It could be in chambers or in a court room. They operate mostly like a Settlement Conference generally.

A justice can't make a substantial order on anything at them just like a conference. So, basically it is a good opportunity to NOT TALK AT ALL and let the other party blab on with nonsense and you just respond yes/no to the justice.

If you watch very skilled barristers they say very little in the court room. A crappy one will ramble on about this and that and even contradict themselves e.g. "Well, my clients business was doing really well but, yes the business was loosing X$ every month and accumulated a large debt against the family's finances." What is it then crappy lawyer? The business was "thriving" or "failing"? It can't be both. You don't even have to point out these logical fallacies that spew forth from these negative advocates... Justices ears are highly tuned to the crap that they vomit in the court room like that. A very skilled lawyer will stand quietly handing their "friend" more rope rather than "objecting" or "challenging" anything they say. They are highly skilled in their understanding of "relevance" and address huge diatribes in 10 words or less.

I wouldn't fret... The less you talk and the more you offer solutions to resolve the matter the better. You don't have to defend yourself at conferences and "talk to" meetings... Nor should you. The purpose of these things is not to test evidence but, SOLVE PROBLEMS.

Good LucK!
Tayken

[arabian]

Great news for you!

Hope costs were substantial enough to deter him from doing it again.

Thanks for posting a follow-up.

[CrazyDaisy]

Results:

Went to our "speak to" yesterday, which judge ending up calling a case conference. Judge reviewed ex's Motion to Change, asked a few questions and then told him she would put forward for trial. Judge then advised him if it went to trial that I would likely be successful on the requests made in my response to his motion. Judge suggested he may want to consider a settlement. He agreed. We settled - his motion is withdrawn and he pays my costs.

Berner_Faith - yes, he is paying guideline.

[Berner_Faith]

Just a question... is he paying guideline CS or above/below guideline? If he is paying above guideline, he most likely will be successful as CS is pretty cut and dry.

[arabian]

I don't know where you are living but I live in Alberta. I found it helpful (after a few years of nonsense) to request a case management judge. Any time my ex tries to take me back to court he now has to get permission from the same judge before he can do anything. Your lawyer would be able to give you some guidance on this. Please let us know what you find out as I'm sure there are others who could use the information.

[CrazyDaisy]

Ex is trying to get CS reduced. No material change in circumstances - same employment, same salary. Ex has over-extended on home, cars, vacations, etc. and says can't afford payments to continue at what was agreed to in our SA. Trial was about having SA thrown out - ex lost, SA upheld 100%.

I am represented, ex is self-rep.

[arabian]

Were you perhaps married to the same person I was?
Yes the judge can dismiss the motion outright. However, you haven't provided any details on what, specifically, your ex is trying to accomplish.

Start reading up on "vexatious litigation."

Are you self-represented or do you have legal counsel?

[CrazyDaisy]

Going to a "speak to" with original trial judge next month as ex is trying to open and relitigate same issues judge ruled on at our trial last year. Cost decision is still pending. What decisions can the judge make at a "speak to"? Can judge dismiss ex's motion outright? Ex filed new motion within 6 weeks of original decision, even before cost submissions were filed.