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  • LovingDad1234
    replied
    Originally posted by Victorviola View Post
    They admitted and apologized for many mistakes made Over the 3 year period. They are offering to proceed with 2 matters now for free for the next few months till we see results.
    Acting for you for free can mean very little if all it consists of is representing you to receive correspondence and send correspondence out. Incoming and outgoing correspondence pads the bill.

    If they wish to make it up to you, they should represent you at a Motion for free, including the written and in-appearance aspects of it. I still cannot believe its been 3 years and your case has not advanced. Even court staff should chime in every few months to ask where things stand, as they have interest in getting files off their docket list.

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  • rockscan
    replied
    Make sure you don’t send them unnecessary correspondence or allow them to do that. Agree to their “free service” as long as it applies to them drafting and submitting the materials and responding to anything coming in.

    Offering you a few free “months” means nothing if that is simply them sending hours of correspondence and inflating hours for the file. If you are able to do it, outline that the free time they are to be giving you is to prepare the motion, file it, appear at the first appearance, complete and file the case conference brief and provide at least three hours for that conference. They messed this up so they should get you through to the first conference before beginning to bill you. If they had done it right then it would be at the first conference date by now.

    As for you, there is no need to send them emails asking for the status or if they have heard from your ex. If you don’t hear anything by the deadline THEN follow up but don’t waste your free ticket asking for info.

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  • Victorviola
    replied
    Update: had a meeting with the law firm lawyer and our new lawyer on the file. They admitted and apologized for many mistakes made Over the 3 year period. They are offering to proceed with 2 matters now for free for the next few months till we see results. Next month should be interesting as there was an 8 page financial disclosure order that the judge gave to my ex. Thanks for the feedback earlier about going with 2 matters.

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  • Victorviola
    replied
    Rockscan- i agree, spoke to a few people and they said to go with 2 matters, if spousal support on an imputed income can be achieved at the superior level then just use that for child support after, our lawyer says it's a procedural matter, i've never seen my lawyer so nice to us all of a sudden, after 3 years we become a priority all of a sudden, sad that we don't trust our own lawyer,

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  • rockscan
    replied
    I would still have your child support matter filed immediately. When you get disclosure you can then use it to make a reasonable offer before the conference. That way you aren’t waiting another year to get in front of a judge for the conference process. Perhaps if your ex is smart they will accept an offer rather than paying legal bills for two concurrent cases.


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  • Victorviola
    replied
    Question: during the CC the judge set dates for motions and scheduled a trial settlement date for jan 15. The only thing that can be argued in this court is spousal support. Since child support and access has to go to OCJ it will be separate. My lawyer wants to combine them. At this point since I have dates scheduled and this should be done by January 15 for spousal support should I just wait till that matter is done and then start a new matter on child support in the ocj. Whatever happens with spousal support will just be evidence for the next case. I don’t want to give up the matter in SJC because dates are set and agreed to by both parties. Judge wants to move it along.thoughts?

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  • Victorviola
    replied
    Thanks Kinso. So the order issued will prevail toOCJ correct. Lawyer just informed me they are trying to get a date at the OCJ immediately. I’m just glad the judge was awesome and did not award costs to OC which they were trying to get. Think my lawyer knows it was a big mistake and they are being super nice which gives it away. Don’t know what they’re game plan is now but I’ll know on Wednesday. We can’t afford two different matters in separate courts.

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  • Kinso
    replied
    I thought family law is in superior court of justice? Or is it different cities have it separate?
    No, this is not universally true.

    Unified Family Court

    In municipalities that have a unified family court (Hamilton, York Region, Durham Region, London, Waterloo), all family matters are heard at the Superior Court of Justice, Family Court Branch.

    Non-Unified

    In municipalities that have an Ontario Court of Justice and a Superior Court of Justice (Toronto, Halton, Peel), the jurisdiction is divided and sometimes overlaps.

    Divorce, Property Issues, Equitable Claims must be Superior Court, Ontario Court of Justice cannot hear them.

    If filing a Domestic Contract for enforcement or change, Adoption, or CAS proceedings, these must be heard in the Ontario Court of Justice. (It seem this is where victor's lawyer made an error)

    Both courts have jurisdiction over Custody, Access, Child Support and Spousal Support, but the choice of filing usually depends on married vs common law (but not always).

    Motions to Change depends on the level of the existing Order. The Ontario Court of Justice cannot change a Superior Court of Justice Order.

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  • rockscan
    replied
    I thought family law is in superior court of justice? Or is it different cities have it separate?


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  • Victorviola
    replied
    This was not the only mistake they’ve made. 2 days before the CC my lawyer advised but the forgot to provide me an affidavit which my ex provided them in nov 2019. I understand people make mistakes. I’ll give them a chance to explain. Still so disappointed.

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  • Kinso
    replied
    Family Court needs a serious overhaul of how it operates. Full day wasted
    No argument there.

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  • LovingDad1234
    replied
    I am sorry to hear of your troubles. Seems that the Opposing side is just playing around and you are having difficulties with your lawyer.

    Here in Toronto, an experienced family lawyer can be $500 per hour. That means that it is possible that Victorviola spent $4,000 just to have lawyer present yesterday, not to mention the amount of money spent on prep time. So it is possible that yesterday's CC cost $5,000-$6,000 and the outcome did not amount to much progress in the file at all. Family Court needs a serious overhaul of how it operates. Full day wasted.

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  • Kinso
    replied
    Do not immediately fire your lawyer. I know it feels huge, but it’s actually an easy error to make.

    Instead, take a breath, book a meeting, and ask how your lawyer is going to make the error up to you. No one is perfect, but no other lawyer owes you anything. You won’t get the 30k back, but you should get some level of courtesy service.

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  • Victorviola
    replied
    Had an 8 hour case conference. A 8 page order for financial disclosure. OC argues everything but to no avail. Then at 4:00pm OC brought up a jurisdictional issue. Apparently my lawyer was supposed to file with the Ontario court not the superior court when it comes to child support and access. Judge agreed and that was it. Spousal support claim can still go. We were heart broken about the screw up. 3 years waiting for that day and that’s what happened. I don’t know how my lawyer can explain this screw up. I need to get a new lawyer ASAP as now we have to start a new case in the OCJ for child support and access. Does this screw up equal misrepresentation. I sent a very long email to the lawyer and awaiting a response. I want the $30k I spent back so I can afford a new lawyer. Thoughts need some advice.

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  • rockscan
    replied
    My husband’s ex demanded disclosure of all my info as well as what I contribute to the house. In addition to a list of items she wanted my husband to provide. She got nothing but schooled and had to pay my husbands legal costs.

    Good luck tomorrow!


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