Announcement

Collapse
No announcement yet.

judge decision after motion

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • judge decision after motion

    I was the moving party for an expanded access motion on parenting. It's been 2 weeks now and the judge has not released their decision. Is this delay a determinant of success /failure of the motion? My expectation was that I would know what the judge decide right after the motion (obviously that did not happen)

  • #2
    If your case has anything complex about it, this is normal.
    Ottawa Divorce

    Comment


    • #3
      Thanks @Brampton33 and @Jeff. when you say 'go over their notes' that would be the notes taken by the judge during our speeches at the motion? Are the affidavits and form 35.1 of less weight? Reason I asked was that my lawyer was not a good orator at the motion, he even chose to not file all my exhibits saying the affidavit (less than xx pages) itself are evidence. Just worried as the other party filed over xxx pages exhibit (xxx + xx in all plus their affidavit) as against less than xx we filed and now the judge is taking their time to go through everything

      Comment


      • #4
        Originally posted by ottawaparent View Post
        Thanks @Brampton33 and @Jeff. when you say 'go over their notes' that would be the notes taken by the judge during our speeches at the motion? Are the affidavits and form 35.1 of less weight? Reason I asked was that my lawyer was not a good orator at the motion, he even chose to not file all my exhibits saying the affidavit (less than xx pages) itself are evidence. Just worried as the other party filed over xxx pages exhibit (xxx + xx in all plus their affidavit) as against less than xx we filed and now the judge is taking their time to go through everything

        Length of documents isnít always a win. My husbandís ex filed about 60 pages of receipts, doctors notes, emails and screen shots. My husband filed three attachments. He won the motion.

        Comment


        • #5
          Good to hear that @rockscan. I was thinking to my self too whether it was their tactic to overwhelm the judge with exhibits to gain advantage but again these judges have probably seen this kind of tactics before.

          I have another question, given this is a motion is there any timeframe for the decision. I just yesterday found out about canlii, saw some motions that was heard but the date the decision were dated was about 3 -5 months apart. Aren't motions suppose to provide 'relief' ? Taking long period to give decisions seems to defeat the purpose? What are your experiences with this? or maybe it is just the cases that I am seeing on canlii

          Comment


          • #6
            Originally posted by ottawaparent View Post
            Good to hear that @rockscan. I was thinking to my self too whether it was their tactic to overwhelm the judge with exhibits to gain advantage but again these judges have probably seen this kind of tactics before.



            I have another question, given this is a motion is there any timeframe for the decision. I just yesterday found out about canlii, saw some motions that was heard but the date the decision were dated was about 3 -5 months apart. Aren't motions suppose to provide 'relief' ? Taking long period to give decisions seems to defeat the purpose? What are your experiences with this? or maybe it is just the cases that I am seeing on canlii
            anyone on average timeline on motion decisions that are reserved?

            Sent from my SM-A715F using Tapatalk

            Comment


            • #7
              Could just be judge is taking the time to get it right

              In my emergency motion during covid where my daughter was withheld, it was an honest slam dunk. We basically used her own text messages to bury her...

              she basically would demand money or she would not faciliate access..in text messages

              the judge took about 2 weeks and it was epically well written. That was an emergency motion and was soooo clear cut. If this one has complexity and different consideration and judges are human and judges have big caseloads...

              i honestly feel for you..the wait sucks big time

              Comment


              • #8
                Taking a month or two before a decision is rendered is normal if the court is very busy and also, with the pandemic, they are so behind schedule.

                I had my 3 days trial in sept 2017 and the decision came only at the end of december.

                Yes, the wait sucks big time.

                Comment

                Our Divorce Forums
                Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                Working...
                X