Representation from a Non-Lawyer

[OrleansLawyer]

How was this a violation of the other parties chartered rights as it didn't directly effect him? What was there to defend?

There are a variety of reasons why someone would want to insist the other side is either represented by a lawyer or not at all. Broadly, because a lawyer is insured and licensed so if they act badly they can be sued or disbarred, while a self-represented party can be sanctioned within the case with costs (and losing the case).

[Hide on Bush]

Just wanted to give an update that I was able to acquire a lawyer after getting approved for a loan, who basically said what Tayken told me (in a less aggressive way). Just wanted to thank the people that provided me the positive information that they did!

I hope this post will maybe help someone in the future if they are looking to represent someone else or seeking to have a non-lawyer represent them. According to my lawyer the bar is freakishly high to achieve that, that it’s probably not worth it in general.

[Hide on Bush]

Wrong poster Tayken.

Hide on Bush, he has you mistaken with the original poster of this thread. The item you reference is a document Tayken posted several years ago outlining things the court considers/looks at and it is good advice if you find yourself there.

Okay thank you for the reply I had no idea what was going on.

[rockscan]

Reason 30942823049 you should not be representing your wife Corporal.

Wrong poster Tayken.

Hide on Bush, he has you mistaken with the original poster of this thread. The item you reference is a document Tayken posted several years ago outlining things the court considers/looks at and it is good advice if you find yourself there.

[Hide on Bush]

I am so confused

[Tayken]

I don’t know what any of this means

Reason 30942823049 you should not be representing your wife Corporal.

[Hide on Bush]

GIS-0161 is "Hide on Bush".

https://www.ottawadivorce.com/forum/...ad.php?t=15139

FYI: GIS-0161/Hide on Bush

I don’t know what any of this means

[Tayken]

Sorry for my ignorance on the matter, but may I ask how this is such a big error? From what I gathered, OP put in an ex-parte motion to allow himself the option to represent his wife. How was this a violation of the other parties chartered rights as it didn't directly effect him? What was there to defend?

You should do some research on what an ex-parte motion is... Why its serious stuff... You have a RIGHT, as defined in the charter, to defend yourself. So, the court is taking away your RIGHT to appear to defend yourself.

Read this article I wrote on this forum about the topic... If you use the search command you will find hundreds if not thousands of previously explained things...

GIS-0161 is "Hide on Bush".

https://www.ottawadivorce.com/forum/...ad.php?t=15139

FYI: GIS-0161/Hide on Bush

OrleansLawyer is a real bonified lawyer... He called your move / lawyer "dumbo".

[Hide on Bush]

Bullshit. 100% bullshit. None of that is grounds to break someone's chartered right to stand before the court and defend themselves. A motion where the other party is not given notice and not provided an opportunity to defend themselves is VERY VERY serious stuff.

Sorry for my ignorance on the matter, but may I ask how this is such a big error? From what I gathered, OP put in an ex-parte motion to allow himself the option to represent his wife. How was this a violation of the other parties chartered rights as it didn't directly effect him? What was there to defend?

[Tayken]

With respect, that sounds like shit advice. Ex parte is only appropriate in unusual emergencies.

Welcome back OrleansLawyer!

The judge at the ex parte motion said to the lawyer, "look dumbo, serving the other side is a fundamental part of our justice system. Get out of my courtroom, serve the other side, and bring the motion properly."

The lawyer did that, at which time a different judge said to the lawyer, "look dumbo, motions are only to happen before a case conference in case of emergency. This wasn't an emergency. Follow the normal process."

Note to everyone... See, this is why you want a properly trained lawyer like OrelansLawyer. I tried to say this in my previous response but, he summed it up in two simple paragraphs while I mucked through trying to say the same thing.

[OrleansLawyer]

I had consulted with duty counsel on the process as which time they suggested an ex-parte motion

With respect, that sounds like shit advice. Ex parte is only appropriate in unusual emergencies.

Anyways, a ex-parte motion was submitted and we received a motion hearing where the ex and his lawyer were invited ... The judge asked if they consented in which they said no. The judge said that the motion wouldn't be decided on until after a case conference.

The judge at the ex parte motion said to the lawyer, "look dumbo, serving the other side is a fundamental part of our justice system. Get out of my courtroom, serve the other side, and bring the motion properly."

The lawyer did that, at which time a different judge said to the lawyer, "look dumbo, motions are only to happen before a case conference in case of emergency. This wasn't an emergency. Follow the normal process."

Is there anything I can do to be able to represent my wife in this matter outside of magically becoming a lawyer?

No. This is a bad idea, because there is a reasonable chance that you will be a witness, or have relevant information, in the case. Even if you were a lawyer, you would likely be excluded from being permitted to represent her.

He has also failed to submit any affidavits substantiating his claims so I personally don’t think he has anything proof to back up what he’s claiming.

You aren't even at the case conference. There is no need for him to prove anything at this stage.

You can sit in the hallway during case conferences, to help with negotiations there. And, if you are not a witness at trial (if things go that far), you may be more successful with the request at that point. However, the request is usually not granted. You should not rely on it.

[StillPaying]

I did a session with a lawyer in Brockville who suggested similar to OP. Chose not to do it, but I can absolutely believe a lawyer recommending that.

This story was so far out there that the OP totally ignored it, playing ignorant about money and what Tayken actually said instead.

But then you had a similar experience - small world. Your ex served you court material, while in court, and therefore a lawyer advised you to do an emergency motion, behind your ex's back and without their input. Would never happen.

[iona6656]

Get your wife therapy. If you have a child with someone who abused you- yes, it's incredibly difficult to navigate; and there are absolutely measures you can put in place. But there is no way around having to deal with the court process.

You being her "voice"- frankly- it's going to look like you're controlling her.

Also- you taking on some kind of advocacy role- frankly- may inflame the situation more and that's bad for her and the child involved.

Get her therapy.

[Hide on Bush]

Damn Tayken, did a Cop hurt you at some point?

Not your usual type of response. Although pretty informative, I will say not every cop in Ottawa is on the sunshine list.

I'm afraid I have to disagree here, or atleast show some empathy to the OP. Making over $100k annually does not automatically mean you can afford a lawyer. There may be other factors at play such as existing bills and debts that are handcuffing the OP and his partner. Its not easy to come up with a retainer and fund a lawyer at $300+ hourly on top of your day-to-day bills, especially in 2022.

I agree 100% also. My Dad is well into the $150,000 a year range and that man has asked me for money due to his debt.

If OP is Military in Ottawa, I can understand why he'd be broke at his income. Housing is extremely expensive, even military housing.

I had consulted with duty counsel on the process as which time they suggested an ex-parte motion

I did a session with a lawyer in Brockville who suggested similar to OP. Chose not to do it, but I can absolutely believe a lawyer recommending that.

[Hide on Bush]

"3rd Engagement"?

Third motion, third case conference, third appearance or third trial.

Third Case Conference.

Yet, you claim to be a "police detective". When I pulled Sunshine list in Ontario its average of 128,000 for your position. RCMP wasn't far off. Other only force would be with the military (police) and still pays incredibly well.

I am Military Police. Yes I get paid well, but sevearly under what civilian counterparts get paid. My yearly income is around $68,000.

Weird comment from a "police officer". This claim is like me alleging you pulled over a black person and assaulted them but, I have no evidence of you doing it. See, that would be a "allegation"... Probably a "false" one. I therefor have "anxiety" with you because you are a police officer and someone told me that you assault black people.

I don't buy it.

The claim was from past interactions with Family Court lawyers that my wife spoke with, they stated if you cannot prove it, it essentially doesn't exist in Family Court.

It won't happen. You won't be granted the opportunity to represent her. Even if you were a LaWyEr you still wouldn't be able to represent her. You are a "police detective" you make over six figures. Hire a lawyer...

Definitely do not make over six figures and we are both living paycheck to paycheck.

Your experience is a peace officer. To be frank... You are not an officer of the court...

Absolutely agree. Even when I have participated in criminal trials I understand my knowledge is beyond limited.

You need a financial consultant to help you figure out why someone making six figures can't afford a lawyer.

Don't really understand why we are going this route in this conversation.

You can stop filing nonsense, hurling false allegations, playing poor or possibly lying about your employment, trying to get sympathetic support, get your wife mental health support and realize you are not the "white knight" or "savior". You may find yourself in deeper financial debts and having more of your 6 figure salary being drained from your nonsense.

Pretty confused on you turning this into an attack on me. You seem to be pretty hardset on me making 6 figures, lying about my employment and playing poor.