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Consent before motion date, what is next?

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  • Consent before motion date, what is next?

    I was served with Notice of Motion by my ex last Monday, Motion date was fixed on Oct. 27, 2021 the day after tomorrow. I filed my response 4 days before motion date to dismiss his motion, and my ex’s law firm’s top lawyer (not his regular lawyer) replied with 40 pages FACTUM and 126 pages of case law, all for a 50 minutes short motion, they made it like we are going to trial!

    The FACTUM is very convincing, though I could still argue some, but not by much, I didn’t want to lose and pay this top lawyer’s sky high fees, so I accepted their offer to settle with no cost at last minute. I updated my confirmation and sent to ex’s lawyer and court, but haven’t heard anything back from ex’s lawyer. I just received ZOOM invite for the motion from court. What should I do now? Going to the motion on Wednesday regardless? Tell the Judge I bowed out? Ask ex’s lawyer why they didn’t update their confirmation? If they refuse to follow through their offer, I’m totally fine, but I’m not reliable for any cost. Am I right on that? Do I miss anything?

  • #2
    If I understand correctly, you were served with an offer to settle all issues for the motion, and you accepted this. You sent a confirmation form to the court confirming this; the other party did not.

    You would have received the Zoom link regardless of whether the Judge saw your confirmation.

    The Judge likely did see your confirmation, but it can be missed as everything just runs by email.

    It would be a good idea to have a copy of the accepted offer you can screenshare in case there are any issues with this, and a pdf version you can email to the registrar so the registrar can forward it to the Judge.

    Typically, in a situation like this, the parties simply inform the judge that the matter is settled. The Judge reviews the terms of the offer to settle and ensures that everything is in order. The Judge likely would make an endorsement in terms such as: order to go in terms of minutes of settlement to be filed.
    Ottawa Divorce


    • #3
      Did you ask the court clerk if you filed the acceptance correctly?


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