Announcement

Collapse
No announcement yet.

Temporary SS and CS

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by Mess View Post
    An emergency motion is one that is heard without any notice.
    Slight correction: An emergency (urgent) motion is one that is filed on short notice. When it is "heard" is dependent on the schedule of the court house and the matter. Its a really ugly process because well, there isn't much "process" involved and each court house is different and dysfunctional.

    A motion brought "ex-party" is heard without any notice and same day.

    Generally, an urgent (emergency) motion has notice just very short notice.

    To have no notice (in Ontario) it has to be brought without notice ("ex-parte") under Rule 14.(12) of the FLR and as an urgent matter.

    See Rule 14 of the FLR.

    MOTION WITHOUT NOTICE

    (12) A motion may be made without notice if,
    (a) the nature or circumstances of the motion make notice unnecessary or not reasonably possible;

    (b) there is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;

    (c) there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or

    (d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).
    A simple resource that breaks down Rule 14.(12) better than I can:

    http://c.ymcdn.com/sites/www.ccla-ab...rule_14(12.pdf

    Originally posted by Mess View Post
    The courts have time period every day to hear emergencies. You walk in, take a number, and wait to be called up.
    Depends on the jurisdiction. They have specific days when urgent matters are heard ex-parte.

    Originally posted by Mess View Post
    The emergencies have to be emergencies: for example if you are about to be thrown out of your apartment because you can't pay the rent, and the other party hasn't paid any support.

    If it is something that could wait a few weeks, you are expected to seek a normal motion date, or be able to show that there were none available.
    You can still file it as urgent under the Rules so that the 30 day periods are shortened and a return date can be days instead of months.

    Originally posted by Mess View Post
    Tayken posted a detailed explanation here:

    http://www.ottawadivorce.com/forum/f...e-court-13291/

    Emergency motions don't allow for any cross examination of evidence, and often the other party may not even get to appear unless they have some warning. Orders coming out of emergency hearings should never be considered final.
    Also, to add... They should not be used improperly because they can come back to haunt you. A custody and access evaluator may not pay much attention to someone improperly miss using the justice system but, a judge WILL NOT ignore the conduct.

    Also, the requirements for evidence on urgent and ex-parte motions are VERY different. You are expected as the sole filing party to disclose everything... I mean everything... If you are going to be living with someone who is questionable... you have to state that fact upon filing your motion not months later when the other party produces the evidence.

    98% of "emergency" ex-parte motions are brought all for the wrong reasons... I caution anyone considering one... You will be hard pressed to find a REPUTABLE lawyer who will bring one forward ever.

    The costs for bringing an improper "emergency" ex-parte motion averages (on cost awards I have evaluated) between 25,000 to 50,000 to the losing party. Something to consider that most negative advocate solicitors who are known to pull this "stunt" won't tell their clients... because they are not the one's who generally have to pay costs for such nonsense.

    Good Luck!
    Tayken
    Last edited by Tayken; 01-02-2014, 01:58 PM.

    Comment


    • #17
      Originally posted by Tayken View Post
      Slight correction: An emergency (urgent) motion is one that is filed on short notice. When it is "heard" is dependent on the schedule of the court house and the matter. Its a really ugly process because well, there isn't much "process" involved and each court house is different and dysfunctional.

      A motion brought "ex-party" is heard without any notice and same day.

      Generally, an urgent (emergency) motion has notice just very short notice.

      To have no notice (in Ontario) it has to be brought without notice ("ex-parte") under Rule 14.(12) of the FLR and as an urgent matter.

      See Rule 14 of the FLR.



      A simple resource that breaks down Rule 14.(12) better than I can:

      http://c.ymcdn.com/sites/www.ccla-ab...rule_14(12.pdf



      Depends on the jurisdiction. They have specific days when urgent matters are heard ex-parte.



      You can still file it as urgent under the Rules so that the 30 day periods are shortened and a return date can be days instead of months.



      Also, to add... They should not be used improperly because they can come back to haunt you. A custody and access evaluator may not pay much attention to someone improperly miss using the justice system but, a judge WILL NOT ignore the conduct.

      Also, the requirements for evidence on urgent and ex-parte motions are VERY different. You are expected as the sole filing party to disclose everything... I mean everything... If you are going to be living with someone who is questionable... you have to state that fact upon filing your motion not months later when the other party produces the evidence.

      98% of "emergency" ex-parte motions are brought all for the wrong reasons... I caution anyone considering one... You will be hard pressed to find a REPUTABLE lawyer who will bring one forward ever.

      The costs for bringing an improper "emergency" ex-parte motion averages (on cost awards I have evaluated) between 25,000 to 50,000 to the losing party. Something to consider that most negative advocate solicitors who are known to pull this "stunt" won't tell their clients... because they are not the one's who generally have to pay costs for such nonsense.

      Good Luck!
      Tayken
      reading everything you just posted here Tayken makes me realize the motion they served upon me, didn't fall anywhere within these guidelines.

      As Arabian said to me earlier, don't take anything from the STBX's laywer too seriously (so to speak)...I haven't and I won't.

      it was obviously just a motion to seek temporary SS and and CS.

      took the judge a few days to decide the whole thing...

      I'm just receiving all the letters now from FRO..

      Comment


      • #18
        Sometimes opposing lawyers agree to a motion on consent. This can happen when the two lawyers agree that the interim motion would succeed in court. Party initiating the order draws it up and faxes to opposing counsel and then it is submitted to court. This is not uncommon.

        A sleazy lawyer will agree to this and then later refer to the matter as "urgent" or "emergency."

        Comment


        • #19
          @Leviathan.....

          Just want to remind you though that Child Support, is the RIGHT OF THE CHILD!

          Am not saying this is the case here, but nobody in their right mind should deny their BIOLOGICAL child this. Step child/ren, is an exclusion to this especially if the bio-parent is already paying CS. Recent cases have concluded that in-loco parentis claims are TRIAL cases, and no interim CS should be awarded

          Comment


          • #20
            Originally posted by FWB View Post
            @Leviathan.....

            Just want to remind you though that Child Support, is the RIGHT OF THE CHILD!

            Am not saying this is the case here, but nobody in their right mind should deny their BIOLOGICAL child this. Step child/ren, is an exclusion to this especially if the bio-parent is already paying CS. Recent cases have concluded that in-loco parentis claims are TRIAL cases, and no interim CS should be awarded

            Hey FWB...check ur PM...I gave u a quick rundown on my situation

            Comment


            • #21
              Leviathan - you posted a year ago that you were starting the 4-way meetings (assume you dabbled in mediation). Did those meetings resolve anything or was it a waste of time/money in your opinion?

              Comment


              • #22
                Originally posted by arabian View Post
                Leviathan - you posted a year ago that you were starting the 4-way meetings (assume you dabbled in mediation). Did those meetings resolve anything or was it a waste of time/money in your opinion?

                haha...Arabian..the 4 way turned out horrible!!...I advise against it for ANYONE!!!! this is where the "emergency motion" was 1st mentioned..

                I've had a CC since then (obviously) and just recently, this Temp motion in Oct..

                oh...and there's been no mediation or anything since this all started (last Oct)...

                Settlement conf is this March
                Last edited by Leviathan; 01-02-2014, 02:48 PM.

                Comment


                • #23
                  @Leviathan

                  Based on the offline conversation, you can see why they were looking at you for the CS. Unfortunately someone has to pony up, and it seems like you are IT.

                  The stage has been set, and if indeed the other party is telling 'porky pies', they will be caught with their knickers down

                  Comment


                  • #24
                    Originally posted by FWB View Post
                    @Leviathan

                    Based on the offline conversation, you can see why they were looking at you for the CS. Unfortunately someone has to pony up, and it seems like you are IT.

                    The stage has been set, and if indeed the other party is telling 'porky pies', they will be caught with their knickers down

                    I agree FWB...I think it's more a stall tactic on their behalf...to try and get ANY sort of extra $$ out of me...I'm in arrears now obviously because of it (retro back to Aug)...

                    again...I'll keep the forum updated...there's a few here that have been following my "adventure" since it began

                    Comment


                    • #25
                      The temporary motion strategy id to ruin you until you get to a real hearing.

                      Tayken, you have any cases where a judge mentioned the frivolous use of interim judgements and used that as a factor in later judgements?

                      Comment


                      • #26
                        Originally posted by Links17 View Post
                        The temporary motion strategy id to ruin you until you get to a real hearing.

                        Tayken, you have any cases where a judge mentioned the frivolous use of interim judgements and used that as a factor in later judgements?
                        Thanks Link...I suppose ur right...I've contacted a few creditors to discuss payment options I might have..

                        rent??..ha...gonna be tight for sure...

                        I'm just glad the judge had decided that it's temporary...March can't come quick enough to be honest (SC takes place)...we'll see where it goes from there

                        Comment

                        Our Divorce Forums
                        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                        Working...
                        X