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  • request for information

    Can I simply send a letter to my ex requesting specific information under Rule 20(4) (Even the simplest things seem complicated some days)

    20(4) In a case other than a child protection case, a party is entitled to obtain information from another party about any issue in the case,
    (a) with the other party’s consent; or
    (b) by an order under subrule (5). O. Reg. 114/99, r. 20 (4).

    I simply don't remember certain sequences of events. ie) reasonably detailed employment history, education history, dates of one or two significant life events.

    Some of this stuff goes back thirty years or more. I'm sure there's a public record somewhere, but damned if I have time.

    The specifics of the information is not critical but would be very useful.

    thanks

  • #2
    Finally figured out what is bothering me on this.

    Specifically, I would like this information in the trial record.

    I know it happened and can put it in the request to admit, but the time-line is important - I don't have the dates.

    The fact, on record, that my ex is unwilling to provide this information is useful. The form for Rule 20(3) does this but is only for child protection cases.

    Otherwise is this trial material ? (Getting things entered in the proper place and sequence seems to be more than half the battle here)

    Comment


    • #3
      Originally posted by clx4 View Post
      Can I simply send a letter to my ex requesting specific information under Rule 20(4) (Even the simplest things seem complicated some days)

      20(4) In a case other than a child protection case, a party is entitled to obtain information from another party about any issue in the case,
      (a) with the other party’s consent; or
      (b) by an order under subrule (5). O. Reg. 114/99, r. 20 (4).
      Yes, but, be very careful with the relevance of the information being requested. You can request information on anything but, if you send over a pile of irrelevant stuff threatening a motion for questioning in a Form 20 a judge will slap your hand and hard. Form 20 is not a fishing license in family law and as such should be used appropriately in my opinion.

      For example, if the other party makes a claim in a sworn statement (affidavit) that they can produce a document proving their statement. By all means request the information noting the affidavit, tab and paragraph number that your are requesting the information for.

      Also, another classic one is when a party says "I have a friend who will testify to this fact". For some reason people think judges are idiots all the time. Don't ever do this please people. To make this statement relevant you have to give the NAME of "the friend" or better a sworn statement to the truth to the evidence you are providing. This is another case where you can use a Form 20 to ask for the name of the witness and request a sworn statement. This is a great way to detract negative advocates on the other side from making untrue statements.

      Originally posted by clx4 View Post
      I simply don't remember certain sequences of events. ie) reasonably detailed employment history, education history, dates of one or two significant life events.
      There are standard "what to ask" for all these in a Form 20. I will dig out what was given at the last family law session with the Law Society. If you know a good solicitor who actually attends these sessions they will have the list of top 30 things to ask for with regards to financial disclosure.

      Originally posted by clx4 View Post
      Some of this stuff goes back thirty years or more. I'm sure there's a public record somewhere, but damned if I have time.
      Don't worry about it. Only the last 3 years matter.

      Originally posted by clx4 View Post
      The specifics of the information is not critical but would be very useful.

      thanks
      More than likely it sounds like it is irrelevant. Only deal with "critical" information. Don't cloud the issues.

      Good Luck!
      Tayken

      Comment


      • #4
        Originally posted by clx4 View Post
        Finally figured out what is bothering me on this.

        Specifically, I would like this information in the trial record.

        I know it happened and can put it in the request to admit, but the time-line is important - I don't have the dates.

        The fact, on record, that my ex is unwilling to provide this information is useful. The form for Rule 20(3) does this but is only for child protection cases.

        Otherwise is this trial material ? (Getting things entered in the proper place and sequence seems to be more than half the battle here)
        Are you going to trial unrepresented? There is a trial book that you will have to prepare. All evidence for trial goes through that.

        Good Luck!
        Tayken

        Comment


        • #5
          Originally posted by Tayken View Post
          Only deal with "critical" information. Don't cloud the issues.
          Thanks for the advice. I am beginning to see how important this is.

          Originally posted by Tayken View Post
          Are you going to trial unrepresented? There is a trial book that you will have to prepare. All evidence for trial goes through that.
          I was represented up to the settlement conference and going to trial unrepresented at the beginning of next month. The sheer volume of material precludes spending much time poking my head up for a good look around and far enough to see clearly ahead.

          I am putting together a trial management brief now and for some reason getting evidence properly entered has been a big concern for me.

          At what point in the process does this trial book get put together? And where can I find some direction on what it should look like?

          thanks again

          Comment


          • #6
            Taken: I have to tell you about our trial which was nothing by the book. The Judge who set the trial date yelled at the other party for not having flled any documents, including trial brief; then I get served documents after documents (more than 7 - 3" binders) and other material with less then 20 days to respond with the Court Clerk accepting the material knowing the case very well knowing there had been so many complaints launched againts my legal counsel, an appeal of a Judge decision and court staff/clerks. At the trial, more documents was presented which were irrelevant, insisting they be made exhibits (documents which were irelevant, dealt with over the years and nothing to do with the issues to be tried); has witnesses showing up in the middle of the trial without notification (I think the judge allowed it as it was irrelevant and not related at all to issues as per Ordered to be dealt with the trial); then comes my turn where the other party requests the Judge NOT to accept any of my documents including which were in in defence to his material not filed prior to the tiral. That is not alll but can't say much as they have been following me on other sites such as the "ombudsman of Ontario facebook site", photocopying my posts, using it in court to say that I was tallking about him to strangers which was not the case but simply doing what I am doing now not mentionning names, or giving details. The only difference is the Ombudsman's site, one's name is witten.
            We were both self represented at the trial, with him letting him go of his lawyer after his lawyer advised him he would win pushing for a trial....WRONG and why he won't COMPLY with the newest court order.

            Comment

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