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  • Ordered Disclosure Ignored.

    So what happens when the OP was ordered to disclosure information several items. Pay stubs... Health Benefits.. children’s RESPS.. and life Insurance proof by a certain date and they have not done so? And it doesn’t seem as they will?? It was an order upon consent with a deadline.

    Just more bs and stalling I guess but we go back to see the same judge in September... So frustrating.

    Ex demands OCL... then dicks them around and files conflict of interest for no reason... stalls court 4 times. Then finally OCL reports...

    Then he disputes the very OCL he demanded.

    Dispute didn’t work. Nothing changed.

    Then was ordered to disclose because the judge agreed ex is playing games with his pay and work hours by submitting 4-5 month old pay stubs with current financials.

    I can’t imagine the judge will be impressed.


    Sent from my iPhone using Tapatalk

  • #2
    As crazy as this sounds he will probably be given at least one more chance to disclose. I’ve been doing a lot of research on disclosure because my ex ignored a direct disclosure order as well. What usually seems to happen is they come to court for the next appearance and ask for more time or some BS, which of course is always granted.
    However, after they ignore the order by the second time I think cost awards start coming into play. You could also file a contempt motion as he is in contempt of the order. But you would probably want to wait for him to ignore the order 2+ times before you do that. Perhaps you could have the ex’s employer made a party of the order so that the employer has to disclose the info instead?

    I know how frustrating this is. At least your ex works for someone though, so there is a guaranteed paper trail. My ex lives in the land of self employment.... I will probably never get the full picture.

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    • #3
      More than likely he will feign ignorance or something. Just make sure your lawyer is on the ball in court and ready to blast any excuse.

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      • #4
        My previous ex has been in contempt for the same reason, going on 2-1/2 years now. His pleadings were struck and I ended up with an uncontested trial. But yeah, they gave him at least two changes to put forth the info ordered before that happened.

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        • #5
          Originally posted by Frostrated View Post
          My previous ex has been in contempt for the same reason, going on 2-1/2 years now. His pleadings were struck and I ended up with an uncontested trial. But yeah, they gave him at least two changes to put forth the info ordered before that happened.


          Wow. That is brutal. 60 days given. On stuff he is claiming he already has in place. The system is so unfair.

          And here I am footing the bill for everything for the last year... even though our agreement lays out what he is supposed to be paying for and how much...

          He doesn’t Have benefits through employer. I already know that much. He claims his gf has put our children on hers. So fine. Then when my benefits are used first hers should kick in. Except they won’t kick back the money that I have put out. So it makes me believe there are no benefits?

          Also how hard is it to come up with 3 pay stubs... or the life insurance policy he has had since marriage.

          To me it’s all obvious stalling and sad that he will be given a second chance. Judge was pretty clear he will get income imputed so not sure why he would withhold it.

          Thx.


          Sent from my iPhone using Tapatalk

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          • #6
            So I asked lawyer what next step is... as all this is really making my blood boil...

            He gave several options but not really with any opinion if they would work.

            Motion to strike his pleadings

            An order that he is not permitted to use any of the documents he was to disclose at trial(not sure how that is helpful to me)

            Summary dismissal of his financial claims and an order for costs at the same motion...

            He also said not usual that his pleadings would get struck when custody and access are on the table.

            Gosh I wish I had a lawyer who could tell me which way is best. Asking me to decide.... I don’t want to waste anymore money.

            And there is no settling... my ex wants to pay 0$. He agrees to nothing. Not even complying with any order. ;-(


            Sent from my iPhone using Tapatalk

            Comment


            • #7
              I'm sorry to sound so negative but I've been at it for 6 years. You will waste a lot of money. There is no way around it. Lawyers can't do miracles and make it go away. They stretch their billable hours just inching your case forward at your expense. If your ex is being difficult, expect to lose a lot more in legal fees and the matter to drag on. No matter what option you decide lawyer will get paid so it doesn't matter to him.

              Comment


              • #8
                Originally posted by Helpmyspouse View Post
                I'm sorry to sound so negative but I've been at it for 6 years. You will waste a lot of money. There is no way around it. Lawyers can't do miracles and make it go away. They stretch their billable hours just inching your case forward at your expense. If your ex is being difficult, expect to lose a lot more in legal fees and the matter to drag on. No matter what option you decide lawyer will get paid so it doesn't matter to him.


                Yes that seems to be what is happening. But I’m not sure how my ex can claim he can’t afford to pay things yet continues to pay the lawyer??

                So none of those options are worth even trying? I just don’t want to get stuck with his costs for a motion. He is wasting everyone’s time. He did it to OCL. And now he continues to do it for court.


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                • #9
                  You won’t pay his costs for a motion. Doing any of these things makes you vulnerable. Stop wasting money asking your lawyer these things. At the next conference he can point out to the judge that he hasn’t met the order. He could also point out this simply wastes time and more money. Depending on the judge they may do something or just move it to trial. At this point, despite what the judge said, it looks to be going that way. The benefit though is that he is putting himself in the position to pay your costs.

                  Send another offer to settle and then ignore until the next appearance.

                  Comment


                  • #10
                    I was wondering how your case is going? My daughters case is almost the same. Since he has not obeyed the court order to disclose his financial statements (He is self employed) we are now proceeding to strike. And if need be we go to trial. I know it is a lot of money in our case but this guy wont even pay half the dentist bill. Once FRO gets a hold of it they remove his passport, licence and garnish CCRA any money owing to him. These men think they are winning but in the end they are the losers. I have confident in our courts to benefit our children. Let me know how you are doing.

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                    • #11
                      I’ve been at this game now for 8 years. Spent in excess of $300,000 ( Thank you visa, MasterCard, parents and funds from sale of matrimonial home). My ex and his lawyer absolutely love the stall and deflect play. Which goes something like this:

                      1. Ex’s lawyer asks for adjournment. Judge says sure, no problem.

                      2. Ex and lawyer don’t show up for questioning. No consequences other than we have a certificate proving they didn’t show

                      3. I file a motion involving a financial issue. Their response has nothing to do with finances but goes on and on about how bad a parent I am




                      4.Ex discloses personal tax return but for the seventh or eight time refuses to disclose corporate return

                      5. Ex insists on custody assessment ( doesn’t agree with supervised access) and even picks the assessor himself but only partially complies with the order and refuses to have a nueropsychologic assessment. This drags on for almost 2 years after which the report is stale dated anyway.

                      6. Ex now thinks the best way to get unsupervised access is to refuse to see the kids or have any contact with them (21/2 year stall while refusing to settle other issue)

                      7. Ex decides after 21/2 years wants access to kids so filed another motion. Custody assessment update ordered, ex still refuses to do neuropsychology testing but gets another supervised access order.

                      8.ex sees kids x 3 months then refuses to see them again ( guess he thinks this technique works well to force unsupervised access)

                      9.ex ignores any and all offers to settle I make and gets almost every Third court appearance adjourned

                      10. Ex’s lawyer is ill, court adjourned

                      11. Ex’s lawyer can’t make a motion date so it’s adjourned. I am forced to go self rep, file for a motion, get the same date and ex’s lawyer mysteriously shows up ( guess he was lying about being out of the country) but does get this date adjourned as well because my ex didn’t show

                      ....and on and on it goes

                      Judges aren’t much better.
                      We’ve attended for a motion with our lawyers and weren’t even heard because the judge had no time ( can you spell light $5000 on fire each).

                      Have also chased our case management judge half way across the province only to hear these words come out of her mouth
                      “I haven’t had time to read your materials”, then she went on to lecture us about waisting court time and we should just get along..,had she read the materials she would have known my ex was stalking me, the police domestic violence unit had flagged the children and I at high risk, my employer had implemented a safety plan as he had contacted them inappropriately and they were worried for my safety..

                      So stalling, lying, deceit, tribalism, financial and emotional ruin are all par for the course in family court.

                      My ex and his slug of a lawyer have so far managed to stall settling ANY issues for eight years now with the full blessing of the court. It’s only recently, as of a few weeks ago when I won my motion that he has been handed a piece of his own ass back to chew on.

                      I look at family litigation as a ridiculous movie. I now tell my lawyer to wait and see what kind of wild and bizarre shenanigans or excuses my ex and his lawyer are going to come up with. They love throwing monkey wrenches in the process and tying things up.

                      He’s now trying to stall arbitration and panicking but I won’t stand down. He thought he’d wear me down but he didn’t. This is coming to an end. They probably have at least one more stall tactic up their sleeve but I’m ready for it.


                      My ex has also been in contempt at least 4 times but at this point it’s not worth spending the money on a contempt motion. We’ll just add these to the long list of bad faith behaviours when asking for costs at arbitration.
                      Last edited by Stillbreathing; 10-26-2019, 04:08 PM.

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                      • #12
                        Why bother chasing a neuropsychological assessment? Type that into the main search of CanLII and see how many have been ordered or used in courts in Canada... ?

                        Don't bother trying to get the court to order a psychological assessment. They are near impossible to get ordered. Its a big waste of money, time and effort.

                        Comment


                        • #13
                          Originally posted by Stillbreathing View Post
                          I’ve been at this game now for 8 years. Spent in excess of $300,000 ( Thank you visa, MasterCard, parents and funds from sale of matrimonial home). My ex and his lawyer absolutely love the stall and deflect play.
                          300k? At what point will you pull the plug? How old are the kids? This is a terrible waste of money and you've been going at it for 8 years. A few more years and the kids will be adult.. and it seems like you have some king of custody agreement in the meantime (ie: you seem to have them the majority of the time) so status quo should kick in at some point

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                          • #14
                            Originally posted by gettingexpensive View Post
                            300k? At what point will you pull the plug? How old are the kids? This is a terrible waste of money and you've been going at it for 8 years. A few more years and the kids will be adult.. and it seems like you have some king of custody agreement in the meantime (ie: you seem to have them the majority of the time) so status quo should kick in at some point


                            Her ex is obviously hoping he can age out of the process but he won’t be able to do it. Plus if there are arrears owing they will continue to collect it well after the kids are adults. My dad was still paying his arrears at 75!

                            Comment


                            • #15
                              Tayken, the judge did order both a social work assessment and neuropsychologic assessment as part of the custody assessment. My ex only complied with the social work part and the social worker said she really needed the nueropsych piece because of his brain injury.

                              Gettingexpensive, I have tried to pull the plug many times and gone self rep several times as well. Sent multiple severable offers to settle. My ex isn’t all there upstairs and is a multimillionaire because of a personal injury settlement in which he was deemed to have a catastrophic brain injury. His lawyer is milking him and keeping the conflict going so he can take as much money from him as he can.

                              The stakes are far too high for me to walk away. Unfortunately, I have to see this through to the end. Not responding to his and his lawyer’s insanity is not an option. My case is an example of how much power an unreasonable party is given by the courts to stall and cause havoc.

                              Comment

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