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Frustrated_DAD 08-09-2011 10:47 AM

Filling evidence for Case Conference??
Does anyone have experience submitting eveidence prior to a Case Conference? or after?

My case is fairly simple - pay CS based on your previous year's income. I have a Divorce Final Order which at the time said CS was 0 (zero) due to low income but would be re-evaluated every year. Now my Ex has had income she has refused to pay CS. She has even stated she will not work this year so she does not have to pay (rely on her new partner for support).

My Ex is delaying our Case Conference by not submitting any documentation to the court and I mean 0 (zero) documentation. My Ex sent me (via a lawyer) a response to motion and her last year's income tax return/assesment and a letter saying she would pay almost no money per month for CS ($30) but never submitted it to the court. We are now at 5 months with 1 case conference postponed. I've been told we can not have a case conference until a first apperance due to documentation not being submitted. I've submitted everything on my side.

I want to submit the documentation I have as evidence so that it can be seen at the case conference and some info would be in the court documentations. I Just don't know how. I've been told to serve them with the documents and write this is being submitted as eveidence. Then fill out an affidavit of service.

I'm in Ontario for this. Any help would be appreciated.

MommaMouse 08-09-2011 11:23 AM

When you fill out you case conference Brief Form 17A give an overall picture of the evidence you wish to present. Then Fill out an affidavit (form 14A) This is where you put the information you swear to be true and all evidence you want to bring to the attention of the court. If it's not in a affidavit no one will look at it. any documentation you want to submit you would note as being a exhibit (like exhibit a, or submission A) and attach to the affidavit.
I am not a lawyer, but I've been through court 4 times so I have a bit of experience with documents.

Frustrated_DAD 08-09-2011 12:02 PM

Can I serve the evidence first, file it with the court (with the 14A) and then later do my Conference Brief 17A (with reference to the evidence).

Mess 08-09-2011 12:51 PM

Yes, you should. The conference brief is just like an agenda for a meeting, it goes into the garbage after. You should submit any evidence you have immediately so it goes into the continuing record.

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