How many months/ years are delays allowed?

[arabian]

I don't comprehend this situation at all. In fact, I give up trying to understand.

[Berner_Faith]

Wait... so the other side requested an adjournment, was granted, but then you went in and filled for the exact same day? Doesn't make sense that the judge allowed the delay and then allowed you to file for the same day?

[Stillbreathing]

Yes I did get permission from a judge.

[arabian]

"leave" means permission from a judge. So you received permission from a judge?

[Stillbreathing]

The judge who adjourned it said I could ask for leave from the court. I did and the court granted me leave.

[arabian]

Half of the $200,000 in legal fees was accumulated by incurring debt so it is not subject to equalization. I spent the money to ensure my children's safety as he has been convicted of assaulting them in the past. The legal fees were never paid with a view to SS or CS. I paid them to ensure the children safety was the foremost consideration of the court.

My lawyer did vigorously object to each adjournment.

Bit the bullet today went self rep, filed the adjourned motion again and got it booked on the same date it had been adjourned!!!!
Duty counsel told me this is because the court doesn't see your situation as too serious if you are represented because they figure your lawyer has your back covered. They suddenly take notice when you are forced to go self-rep!

I'm not sure I'd agree with duty counsel. If a judge granted an adjournment and you booked again on same day you might be viewed as being vexatious and end up with costs awarded against you. While you're pissed off at the opposing counsel you would be best to direct your aggressive reaction/knee-jerk reaction to the Law Society for unprofessional conduct (in adjourning the matter 6 times).

Perhaps you can change the date by a few days or a week? CYA.

[standing on the sidelines]

good idea to practice. Maybe have one of your friends act as the other sides lawyer to see if they can get you rattled. You are going to have to grow a very thick skin.

[Stillbreathing]

I had no idea the costs would spiral out of control to that degree. Never in my wildest dreams! I had been warned by many that my STBX could be extremely dangerous but didn't want to believe them. They were right. With all the evidence I had I didn't think I would have to fight so hard to make sure the kids
were safe. I can't even imagine how people with only 1/2 of the evidence I have must feel.

I want them to have a relationship with their dad but safety controls need to be in place because his injury makes him unpredictable. He can blow at the drop of a hat.

I have no more money for a lawyer. Our case is going nowhere with no end in sight. I'be done a ton of research and can quote the cases that are relevant plus the laws that apply. I'll write down everything I want to say and practise with friends beforehand. I'd prefer to go with a lawyer but that's no longer a choice.

[standing on the sidelines]

to spend that kind of money I wonder how much was spent on emotions rather then logic? Some people will spend money with a lawyer hand over fist just to try and prove a point. Not saying that you did but you seem to be very emotional (which I can understand) over it. Everything seems to be a world ending scenario with you. Are you capable of leaving the emotion at the door in a court room??

[Stillbreathing]

Half of the $200,000 in legal fees was accumulated by incurring debt so it is not subject to equalization. I spent the money to ensure my children's safety as he has been convicted of assaulting them in the past. The legal fees were never paid with a view to SS or CS. I paid them to ensure the children safety was the foremost consideration of the court.

My lawyer did vigorously object to each adjournment.

Bit the bullet today went self rep, filed the adjourned motion again and got it booked on the same date it had been adjourned!!!!
Duty counsel told me this is because the court doesn't see your situation as too serious if you are represented because they figure your lawyer has your back covered. They suddenly take notice when you are forced to go self-rep!

[arabian]

To respond to the poster's original question of how many times a motion or case conference can be delayed:

I believe that the requirement in Ontario family court is that at a minimum of (1) case conference must have taken place prior to a motion. (I believe it is rule 17(1) ).

Here is an interesting article which discusses adjournments.

To Adjourn Or Not To Adjourn, That Is The Question - Litigation, Mediation & Arbitration - Canada

I would be interested in knowing the reasons for each adjournment of case conference and motion.

I would also be interested to know if your lawyer contested any of the adjournment requests.

[Berner_Faith]

I thought the same thing standing... mind you, even if that wasn't the case, not paying costs makes one job better than the other parent... both cs and costs are court ordered, so by not paying one is breaking a court order as well.

I am more disturbed by the fact that you burnt through $200,000 worth of savings on lawyer fees. Was there ever a time you thought that the little cs that was ordered was good enough without depleting your savings? I would assume that $200,000 would be subjected to equalization as well

Sent from my SM-T560NU using Tapatalk

[arabian]

I believe that would be a judge's discretionary item or something you would have to request. (Someone will correct me if I am wrong.) I believe that it would have to be specified in the Order. My ex was litigation-happy and took me to court 6 times after he was ordered to pay costs and despite strong protestations from my lawyer (Alberta Court of Queens Bench).

In Ontario:

Prohibition on Further Motions

(3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave. O. Reg. 43/14, s. 1. (Rules of Civil Procedure)

and

Contested Motion

57.03 (1) On the hearing of a contested motion, unless the court is satisfied that a different order would be more just, the court shall,

(a) fix the costs of the motion and order them to be paid within 30 days; or

(b) in an exceptional case, refer the costs of the motion for assessment under Rule 58 and order them to be paid within 30 days after assessment. O. Reg. 284/01, s. 16.

(2) Where a party fails to pay the costs of a motion as required under subrule (1), the court may dismiss or stay the party’s proceeding, strike out the party’s defence or make such other order as is just. R.R.O. 1990, Reg. 194, r. 57.03 (2) (Rules of Civil Procedure).

[standing on the sidelines]

Actually you do have something to pay costs with - your home. Judges are very good at setting costs up on monthly payments.

correct me if I am wrong but isn't there also so sort of rule that you have to pay the costs you owe before you can take the person back to court???

[arabian]

There is some proof of bank accounts and investments with huge amounts of money . There is also the house funds. My lawyer wanted to ask for 35,000 to be released to pay him. That way I will deplete the entire amount and there will be nothing left at equalization time. If I continue with a lawyer whether private or legal aide, I will have no money left at equalization time. If I go self rep there is a much higher chance there will be more than enough money left to buy a modest house.
One point in my favour is that should costs be awarded against me for anything, I don't care. I have nothing to pay any costs with. So that threat by a judge won't work with me. You can't get blood out of a stone.

Actually you do have something to pay costs with - your home. Judges are very good at setting costs up on monthly payments.