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When/ how to use Ex's Affidavit

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  • When/ how to use Ex's Affidavit


    I need to make/file my own Affidavit in respond to an Emergency Motion.

    There are facts I'd like to incorporate in my affidavit but in order for me to support what I am saying I would have to refer to Ex's Affidavit made 2 yrs ago for case conference. I
    This is my only chance to bring to light many facts about ex that i assume the motion judge does not know since he didn't do case conference.
    Am I mistaken or does he automatically go back to continuing record to read previous affidavits?

    What is proper to do in what appears to be my one-time shot in making my Affidavit in response to the emergency motion against me.
    Attach ex's WHOLE AFFIDAVIT? how effective is this? Does the motion judge care?


  • #2
    I am not 100% sure but I think in your reply you would indicate which pages of the continuing record the judge should read in order to understand your case better.


    • #3

      No need to attach your's ex's whole affidavit, but quote the paragraph word for word of the specified affidavit and whats it about and where it is located in the record.

      Remember that your ex's affidavit is sworn so anything stated is apparently true until proven otherwise.



      • #4
        Assigning New File # to a case, or not?...Impications?

        Thank you both for your reply to me in regards to how to use Ex's Affidavit.

        As mentioned before, I had to respond to an Emergency motion brought against me (2 weeks later we returned and the matter was to be dealt with such that Ex should bring an Application).

        I have been served with the Application (which holds no file #). It appears:

        (1) it is not known whether the Application should carry my old Application# or whether Ex should have their Application carry a new #. There is a judges endorsment of sort that came with the application saying that this issue of File # shall be decided during Case Conference?

        Why, is there a catch? I feel the lawyer for ex must know something I don't

        Does anyone know of the implications of either scenario (having new Application by Ex carry my file# used once to bring my application OR have Ex do the Application with a new file# ?

        Please help!!!!
        In limbo......constantly!


        • #5
          I should add to my comment above that I face (2) difficulties:

          (1) In using ex's Affidavit at any point, you suggest i refer to the continuing record
          ....However ex's lawyer has brought on a new Application and the issue of file# buffles my mind (@issue? Application is to prevent plans to relocate)

          The Application currently has no file# BUT ex's lawyer has gone ahead to switch status and refer to their client as Applicant and me, as Respondent)
          I have to play along? Any known "Case law or info to set facts straight?

          Obviously we has a history in court. The Continuing Record served on me now with case conf brief is rather blank....
          how do i refer to the record if i choose to use old affidavits?

          (2) In responding to the above materials i do my case conf brief (date is set) AND
          - do i use Form 10? Is Form 10 a SWORN document?
          - Does case conference stage and its materials require a Factum? - Between CASE C.BRIEF and FORM 10, which carries more weight in decision before the judge?

          (I don't expect the meeting to work and be resolved in the corridors - i wish)

          Thank you, in limbo


          • #6

            I been to a motion where the judge read everything. At other times when the court is busy (this is common) they haven't read a thing. You must be prepared to direct the judge to the appropriate tabs, pages and lines if you want to read an item in the continuing record. I would make a copy of the continuing record and make sure the documents you want read are in order.
            Note: case conference briefs are removed from the continuing record.


            • #7
              Thanks robrjm,
              .....and where does Form 10 (Answer) end up?


              • #8

                I would go visit the Registrar and have a file number assigned. Sometimes what they do is take your old file number and put and "A" at the end.



                • #9

                  Hi dear friends,
                  Do you know what actually happens to a Factum post proceedings (e.g. a motion) ?

                  I am just curious as I know Factums are not filed (as opposed to Affidavits) but at times I find I put more detail in the Factum than an Affidavit....does that mean that the next Judge who looks at the file will have no idea of what I had said in a Factum?

                  Many thanks,


                  • #10
                    Hi There

                    I went through it in Aug07.I am dead sure that Factums are filed to In court and as well as to the other party.Surprises are not allowed in Canadian Family Law .Factums are almost same as the affidavits just with the exception that you give the court some examples of the cases, where decision have been made and the cases were ofcourse similar to your situation.
                    Its my understanding but ofcourse Lv can put some legal light on it


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