Announcement

Collapse
No announcement yet.

New Partner Called as Witness

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • New Partner Called as Witness

    My new partner has been called as witness.
    She is not a party to the divorce what can be done to keep her out of court.

    Thank You
    dvr

  • #2
    Dvr

    Hummmm, I do not think you can keep her out of the court, however I am curious as to why she would be called as witness. I've never heard of that happening, well not for the other side anyway. If she is being called "they" must feel she is credible and important to what ever issues they are bringing forward.

    Comment


    • #3
      DVR,

      I echo what FL has mentioned. Its obvious to me that financial issues may be outstanding even perhaps spousal support and or net equalization.

      Once summoned, your new partner has to attend. Call it a fishing expedition if you will.

      lv

      Comment


      • #4
        DVR,

        More on this topic.

        In the matter of WILLIAMS v. MENDEZ ยน , the court held that a certain individual summoned as a witness to the proceeding was an abuse of process and contrary to the due administration of justice to require such individual who had no personal knowledge of the Plaintiff or their employment history to attend and give evidence in the proceeding. Although not reported, it appears costs of the frivolous and vexatious conduct of the individual may of had costs awarded against them.


        [1.] WILLIAMS v. MENDEZ, 2003 CanLII 26350 (ON S.C.), http://www.canlii.org/en/on/onsc/doc...anlii26350.pdf

        With that said, the question to ask is whether your new partner is familiar with certain issues and items pertaining to your situation.


        lv

        Comment

        Our Divorce Forums
        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
        Working...
        X