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  • ex's lawyer requesting bank info.

    I have provided my ex with all my bank statements from the past from 2008 to present.
    They are sending me a form now to sign to authorize them to search both banks, to find any accounts belonging to me.One bank is a joint account and the other is after seperation .
    I have nothing to hide but sounds a little suspicious to me on there part and grasping at thin air.
    They are also saying if i dont sign these documents that they will put a motion in and ask for costs.
    From 2008 and on .. is what they are looking for ... should i just sign and let them have fun as they do have it already ,not sure if ex gave them it all.
    thanks ,i am on a deadline april 1 .

  • #2
    I would sign it and let your ex spend the money on her lawyer for the fishing exhibition. Just make sure its just for bank stuff and nothing more. Then when she finds nothing, you can have a little chuckle at the money she just wasted.

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    • #3
      Originally posted by standing on the sidelines View Post
      I would sign it and let your ex spend the money on her lawyer for the fishing exhibition. Just make sure its just for bank stuff and nothing more. Then when she finds nothing, you can have a little chuckle at the money she just wasted.
      Agreed. It will make them look silly when they have nothing to present and it will make you look open and honest to a judge. They really like that.

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      • #4
        I would oppose, let them take you to court over it, argue it is a fishing expedition and then you get costs...

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        • #5
          Originally posted by Links17 View Post
          I would oppose, let them take you to court over it, argue it is a fishing expedition and then you get costs...
          why waste his time and court time? Much easier to sign and let her pay her lawyer. That way no time out of his life to deal with it in court. Plus there are no guarantees he would get full costs back or even costs. He already said he has nothing to hide.

          If he fights it in court and doesn't get full costs are you willing to cover his costs? Easier to say fight when it isn't your money or your time.

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          • #6
            If you have nothing to hide I'd sign it. They could request judge direct you to sign a form (I did that one time).

            Banks typically fight quite aggressively when presented with documents like these and it can take quite a bit of time.

            Pay particular attention to the form which they are asking you to sign. I would recommend only agreeing to have bank confirm/deny existence of accounts not to permission for them to access information on the account itself (which any self-respecting bank would not agree to anyhow).

            So they are only requesting authorizing to search one bank - not multiple banks?
            Last edited by arabian; 03-22-2016, 07:55 PM. Reason: adding a question

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            • #7
              Arabian just to clarify. You asked the court for the same sort of document to be signed like the original poster and you got the order for that?

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              • #8
                Originally posted by standing on the sidelines View Post
                why waste his time and court time? Much easier to sign and let her pay her lawyer. That way no time out of his life to deal with it in court. Plus there are no guarantees he would get full costs back or even costs. He already said he has nothing to hide.

                If he fights it in court and doesn't get full costs are you willing to cover his costs? Easier to say fight when it isn't your money or your time.
                Because I am thinking 3 steps ahead.

                He says no, I have nothing to hide, you have no probable cause. I am not going to accept you doing this just to harass me.

                She: Either says fine not worth it
                OR asks a judge to order it

                Judge: Either orders it and nothing is found & she looks like a paranoid psycho.
                Doesn't order it saying he has been completely forthcoming....so go away.

                Besides, disclosure is a positive obligation if she finds out one day in 10 years that he lied she can come back and get him....

                I might be wrong, but I think as a general rule when somebody wants to take things from you, you should make them suffer as much as possible to get it otherwise they'll just keep coming back... Obviously my advice (generated by monkeys) is dependant on your situation and I happen to enjoy playing devil's advocate.
                Last edited by Links17; 03-22-2016, 11:09 PM.

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                • #9
                  Yes. Judge ordered my ex to attend lawyer's office to sign a "release" of information for banking as well as GST/HST. As I recall there was a standard form for CRA and one for banks.

                  My ex went to lawyer's office and lawyer and ex got into a dispute in the lobby (I wasn't present). Ex then accused my lawyer of threatening him. This matter was settled with judge in private chambers (dismissed). We went back to court a few times after that on the matter - one time as I recall there was something incorrect about the form which CRA rejected. Then ex dropped his lawyer and we had to start all over again. Total gong show. This all occurred throughout years after divorce when ex repeatedly going to court to have SS ended.

                  Lesson to impart - if your ex is a sleaze come to court prepared with appropriate forms and have person sign form in presence of judge.

                  Also would add - I obtained MANY orders. Having everything enforced is another matter.

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                  • #10
                    Originally posted by Links17 View Post
                    Because I am thinking 3 steps ahead.

                    He says no, I have nothing to hide, you have no probable cause. I am not going to accept you doing this just to harass me.

                    She: Either says fine not worth it
                    OR asks a judge to order it

                    Judge: Either orders it and nothing is found & she looks like a paranoid psycho.
                    Doesn't order it saying he has been completely forthcoming....so go away.

                    Besides, disclosure is a positive obligation if she finds out one day in 10 years that he lied she can come back and get him....

                    I might be wrong, but I think as a general rule when somebody wants to take things from you, you should make them suffer as much as possible to get it otherwise they'll just keep coming back... Obviously my advice (generated by monkeys) is dependant on your situation and I happen to enjoy playing devil's advocate.

                    ....when costs are assessed judges do often measure the reasonableness/unreasonableness of the parties. There is sometimes a fine line between being "clever" and being vexatious...

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                    • #11
                      Thanks for the input,they are asking for only the place of banking in which we had a joint account ,which we dont have anything there anymore ,or at least i dont .
                      Also they are asking for my current bank ,in whch they have statements from.
                      I have nothing to hide and money was spent pre seperation of 2012 to keeep house afloat ,drowning debts.This lawyer is more pissed that her motion was dismissed last week ,and tried to say ,to further motion of last week.I emailed back and said i would sign these forms but it has nothing to do with the dismissed motion,and told her to maybe ask for more disclosure from your client as you are the 4th lawyer for her.,
                      She is also asking for my sons osap papers ,he is currently and has always lived with me and for some reason involving him.I said to my son that this is a court order for me and not sure why she would involve you and schooling ,but if you dont give me the papers we need to sign some document that you will not provide me the papers for your osap,it really is none of my business and i never signed anything for him to get this grant anyways, .Wonder why his mother couldnt ask him for the papers herself without paying her lawyer to do it.
                      thanks for the replys ,alot of different opions here for sure ...

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                      • #12
                        If she is paying a portion of his school costs then yes she is entitled to that info. She is allowed to ask for all documents that would play a part in calculating the portion of her cost. That includes his OSAP account.

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                        • #13
                          Originally posted by lplp View Post
                          Thanks for the input,they are asking for only the place of banking in which we had a joint account ,which we dont have anything there anymore ,or at least i dont .
                          Also they are asking for my current bank ,in whch they have statements from.
                          I have nothing to hide and money was spent pre seperation of 2012 to keeep house afloat ,drowning debts.This lawyer is more pissed that her motion was dismissed last week ,and tried to say ,to further motion of last week.I emailed back and said i would sign these forms but it has nothing to do with the dismissed motion,and told her to maybe ask for more disclosure from your client as you are the 4th lawyer for her.,
                          She is also asking for my sons osap papers ,he is currently and has always lived with me and for some reason involving him.I said to my son that this is a court order for me and not sure why she would involve you and schooling ,but if you dont give me the papers we need to sign some document that you will not provide me the papers for your osap,it really is none of my business and i never signed anything for him to get this grant anyways, .Wonder why his mother couldnt ask him for the papers herself without paying her lawyer to do it.
                          thanks for the replys ,alot of different opions here for sure ...
                          Make me look even more right, go for the kill!

                          Her lawyer is on her backfoot looking like an idiot with a dismissed motion, this truly looks like a fishing expedision.

                          Your point about OSAP papers, makes this look like she is just trying to get to you.

                          If you put your balls on the table you can do serious damage.. show them to be using over the top tactics...

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