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    While researching and educating myself on similar cases, should I be only looking for cases in the same province as me, or will the courts accept cases outside my province?

  • #2
    Originally posted by janice020204 View Post
    While researching and educating myself on similar cases, should I be only looking for cases in the same province as me, or will the courts accept cases outside my province?
    In my honest opinion you should be researching Rule 18 of the Family Law Rules, seeking information on how to make an appropriate and reasonable offer to settle in the matter and serving this Offer to Settle.

    Rather than looking up case law to "find fault" or "litigation strategy" for a future court appearance a good and solid Offer to Settle made in accordance with Rule 18 of the Family Law Rules puts you in a better position.

    Good Luck!
    Tayken

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    • #3
      You should really always assume you are going to trial. That will help you control your reactions to phone calls and emails. It will help you to keep records. It will help you to shape offers.

      Obviously we should all want to settle out of court, but that doesn't mean making ourselves vulnerable or not being prepared.

      Always assume you are going to trial, always have your evidence prepared, or if you need things like attendance records from daycare or whatever to back up your affidavits, then get them. In the meantime have a reasonable offer on the table.

      Never assume that your ex will suddenly become reasonable if they never were before. Even if they were before, don't assume they will stay that way. By all means be cooperative and reasonable, but don't just blindly trust your ex or their lawyer.

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      • #4
        reference cases outside my own province

        Can I reference cases outside my own province?

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        • #5
          yes you may Janice. Naturally it is best to keep things as close to home as you can but as long as a decision is relative to the part of the law you are focusing on you certainly can use it.

          When it comes to matrimonial property act be mindful that some provinces differ.

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          • #6
            Originally posted by janice020204 View Post
            Can I reference cases outside my own province?
            You most certainly can, if you reside in Ontario at least. Here are cases used often as reference by the Ontario Superior Court of Justice, some from other provinces while mainly from Ontario:

            Ontario Superior Court of Justice: List of Cases

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            • #7
              Originally posted by Mess View Post
              You should really always assume you are going to trial. That will help you control your reactions to phone calls and emails. It will help you to keep records. It will help you to shape offers.

              Obviously we should all want to settle out of court, but that doesn't mean making ourselves vulnerable or not being prepared.

              Always assume you are going to trial, always have your evidence prepared, or if you need things like attendance records from daycare or whatever to back up your affidavits, then get them. In the meantime have a reasonable offer on the table.

              Never assume that your ex will suddenly become reasonable if they never were before. Even if they were before, don't assume they will stay that way. By all means be cooperative and reasonable, but don't just blindly trust your ex or their lawyer.
              Damn wise words, you should put it in a sticky. Seriously.

              Comment

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