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TIme period to wait before starting new case???

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  • TIme period to wait before starting new case???

    Seriously....the ink is not even dry on my minutes of settlement from my 3 year ordeal in court and my ex served me with papers today for a new issue. Is enough never enough? Here is my question: Is there something in the Family Law Rules that states you can not start a new case in court for a period of time (I'm thinking 6 months) before the end of case that just finished? Our motion was May 01 of this year. The Minutes have not even been turned into a final order as of yet. And on a totally different note...any suggestions on how to deal with crazy exes who thrive on control and conflict via the court system???

  • #2
    last count for me was 12 times in court. We have tried many things but now have a case management judge assigned. This is "supposed" to keep my ex from taking me to court repeatedly but so far it hasn't done anything. We got a lousy judge. Any other judge on the circuit would have been fine but we got the shit one. We were last in court in May and no Order has been signed as lawyers can't agree on the Order. Judge has ordered the lawyers get the transcript of the full day and make an application to be heard in judges courtroom. Application has to be made 2 weeks after transcripts have been delivered to the judge and then away we go. So now we're looking forward to a action within an action I guess. Judge has promised "severe costs" to losing party. Nice eh?

    Just make sure your ex isn't retrying the same thing. Res judicia (or someone other legal/latin term) meaning it has been argued before. That could stop him in his tracks. Didn't work for us (lousy judge) but might work for you. Another thing is to request your ex pay several thousand dollars into court for "costs" before each and every application. That can slow them down.

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    • #3
      Not sure if this helps...

      You said that it was "new" but perhaps it is a variation, in which case this may apply:

      As per 37 of the Family Law Act "Limitation on applications for variation:" (3) No application for variation shall be made within six months after the making of the order for support or the disposition of another application for variation in respect of the same order, except by leave of the court. R.S.O. 1990, c. F.3, s. 37 (3).

      Or, perhaps there is a failure to pay costs order etc... so this may apply:

      According to the Family Law Act (8) "Failure to Obey Order:" If a person fails to obey an order in a case or a related case, the court may deal with the failure by making any order that it considers necessary for a just determination of the matter, including: (a) an order for costs; (b) an order dismissing a claim; (c) an order striking out any application, answer, notice of motion, motion to change, response to motion to change, financial statement, affidavit, or any other document filed by a party; (d) an order that all or part of a document that was required to be provided but was not, may not be used in the case; (e) if the failure to obey was by a party, an order that the party is not entitled to any further order from the court unless the court orders otherwise; (f) an order postponing the trial or any other step in the case; and (g) on motion, a contempt order. O. Reg. 322/13, s. 1

      Or, as Arabian mentioned, security for costs may be helpful:

      Based on Family Law Rules 24.13.2 which states that 13) A judge may, on motion, make an order for security for costs that is just, based on one or more of the following factors: 2. A party has an order against the other party for costs that remains unpaid, in the same case or another case.

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