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  • Victorviola
    replied
    Received ex’s CC brief. They e threatening to bring a motion against my common law partner to provide disclosure. Priceless. They made a total of 12 points in their CC which 6 are lies and easily countered with their own statements in a previous affidavit. Ex: in affidavit my ex states I had legal representation at time of separation but now in the CC he states that I declined representation at time of separation. D-day tomorrow. Looking forward and waited 3 years for this.

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  • Victorviola
    replied
    In the case conference brief our lawyer did ask that if disclosure is not provided within 30 days that the ex's pleadings be struck... I will ask the lawyer to ask for an order for $$ held in trust to be kept in trust. First case conference will update after its complete, Thanks everyone

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  • rockscan
    replied
    Originally posted by Victorviola View Post
    The only order being is requested is for disclosure. After 3 years with no disclosure provided from my ex And almost no child support paid. Owing about 30k atm. What other orders should my lawyer be asking for. Iíve been asking for disclosure for 3 years. Can I ask for the child support owing. Heís sold 4 properties in the past 2 years. My lawyer knows of one Property before the courts Which funds are being held in trust. Should there be an order to keeps those in trust. I have a couple days to alter the brief. Feedback will be much appreciated.
    You should be filing a motion for disclosure which can be done if you donít get it at the cc. Tell your lawyer to have that motion ready to file immediately following your cc. If the judge endorses disclosure you wont need it but if they donít then have it ready. You should also request that the fund remain in trust until a final order is made to keep that money available.

    At this point you need to tell your lawyer that if this conference doesnít go anywhere you want them to request it move to trial. Endless conferences with no disclosure and over 30 grand owing is useless. Your lawyer is simply sucking you dry. You need a final order and if your ex wonít settle it will take a final judgement.

    As for getting an order for support...do you not have an interim order? If yes file it with an enforcement agency immediately. If you donít tell your lawyer you want them to request an interim order for support.

    If your lawyer is really as inept as someone who goes to constant conferences you need a new lawyer.

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  • tilt
    replied
    After three years the lawyer should not be scheduling a CC when there are already Orders the opposing party is in contempt of. This lawyer is not moving towards settlement or trial (which is where they should have been within 18 months of an application). Some lawyers are more interested in billable hours and those lawyers need to be either carefully managed by and informed client or else cut loose.

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  • pinkHouses
    replied
    .

    Originally posted by tilt View Post
    A CC is useless for what you are asking for. You need to file a motion.
    The judge can still order disclosure and that can be used in the motion.
    I had no idea that the legal system was such a circus when it came to disclosing stuff.
    I have been burned too but at the CC the disclosure was ordered and the judge said I could bring a motion if they failed to comply.

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  • tilt
    replied
    A CC is useless for what you are asking for. You need to file a motion.

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  • Victorviola
    replied
    Need some advice. So my CC is scheduled for October7th, due to covid my lawyer is only allowed to provide a 4 page brief. The only order being is requested is for disclosure. After 3 years with no disclosure provided from my ex And almost no child support paid. Owing about 30k atm. What other orders should my lawyer be asking for. I’ve been asking for disclosure for 3 years. Can I ask for the child support owing. He’s sold 4 properties in the past 2 years. My lawyer knows of one Property before the courts Which funds are being held in trust. Should there be an order to keeps those in trust. I have a couple days to alter the brief. Feedback will be much appreciated.

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  • tilt
    replied
    Court records are public. You can get copies of his other file, including affidavits and his filed financial statements, as far as I am aware. You can also ask his ex to commission an affidavit for you and attach his affidavit to it. I’ve seen quite a few case law where the ex’s all present the conflicting affidavits to the Judge and it undermines the credibility of the ex (I’m pretty sure that Fuhgeh is one).

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  • Victorviola
    replied
    Question: so my ex has 2 family law matters before the court, same lawyer for both matters. Different answers and statements in both matters. How do I legally get his answers and affidavit from his second matter presented into my matter to show the discrepancies and lies? Hi ex partner provided me with his answers and it would help my case tremendously.

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  • LovingDad1234
    replied
    Originally posted by tilt View Post
    2.5 years and not even having a case conference is, quite frankly, nuts.
    Not to mention the $30k already spent on lawyer. That is an huge amount to spend on lawyer with no court appearances to show for it. If anything, a tight game plan needs to be put in place regarding what needs to take place to get the case resolved. But yes, it sounds like the lawyer may be disinterested as well.

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  • tilt
    replied
    From everything you have written, you need a new lawyer. This one is not meshing with you and you have spent too much time and money going no where. 2.5 years and not even having a case conference is, quite frankly, nuts.

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  • Victorviola
    replied
    In regards fro when should a lawyer be requesting this. When I brought my application forward in early 2018 and asked for fro my lawyer said not yet. I don’t understand his ideology behind waiting for fro involvement. Trying to wrap my head around this

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  • Victorviola
    replied
    Update: so I had a case conference scheduled for June 9th, it was missed, my lawyer said he had to write an apology letter to the court, I confronted the lawyer and he said it was not his fault, he states the apology letter was a formality, I asked for a copy of the letter and to date have not received one, I asked for an urgent case conference which he wrote a letter to OC stating we will book but he never followed through, new case conference scheduled for October 7, still no disclosure from my ex after 3 years, additionally I have requested fro to be involved and to this date nothing, my ex liquidated 4 properties in the past 2 years and my lawyer has done nothing, after case conference he is fired and I'm reporting him for misrepresentation

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  • rockscan
    replied
    If he has had an order for disclosure and has ignored it then you have a leg to stand on. It all depends on how forcefully your counsel argues. Have faith.

    Leave a comment:


  • Victorviola
    replied
    Happy Canada day! Update. My lawyer after 2.5 years is finally requesting an urgent motion on notice, my lawyer gave them till today to provide financial disclosure, and notified OC that an urgent motion will be filed. no response from OC. My child went for access and my ex told her we will lose, 10 year old child should not be hearing about our case. The only argument I have is financial hardship, had to borrow 15k to proceed, scared to lose, my ex is planning to say he has no $$ self employed, liquidated 4 properties in the Gta area in the past 2 years, nothing disclosed, please tell me I have a fighting chance with the urgent motion, his cluncel has adjourned 3 case conferences dates so far, they don't want this to go to court, am I wasting $$$ filing an urgent motion prior to CC.

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