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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-19-2018, 04:09 PM
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plainNamedDad44 plainNamedDad44 is offline
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Default Going to trial in Nov - or am I ?

Hi all,

so, as some of you know, I am fully represented now and am on the Nov trial sittings.

The related TSEF (Trial scheduling endorsement form) laid out time lines for all the deliverables, eg. financials, net family property, comparative NFP, request to admit, offer to settle, responses for request to admit, and most recently the evidence brief.

I have been on top of my counsel to make sure that everything is ready and on time. I have spared no expense and i have spent many a day poring over the document prep.

Opposing counsel has not provided anything except financials (with no substantiation - they are out in left field as far as pre marital assets).

So... what the heck ??... As far as I know, we are going to trial. They have not provided anything, nor communicated the need for any extensions. So maybe I've called their bluff as they were never ever going to take this to trial. Perhaps it was a pressure tactic to get a better OTS.

Thoughts ?

Anyways. If they ask to adjourn this november, I will instruct my lawyer to refuse. If the adjournment is granted then I will ask for costs of trial prep and that a pre-emptory date be set.

Thoughts ?

Last edited by plainNamedDad44; 10-19-2018 at 04:12 PM.
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Old 10-20-2018, 11:32 AM
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Quote:
Originally Posted by plainNamedDad44 View Post
Hi all,

so, as some of you know, I am fully represented now and am on the Nov trial sittings.

The related TSEF (Trial scheduling endorsement form) laid out time lines for all the deliverables, eg. financials, net family property, comparative NFP, request to admit, offer to settle, responses for request to admit, and most recently the evidence brief.

I have been on top of my counsel to make sure that everything is ready and on time. I have spared no expense and i have spent many a day poring over the document prep.

Opposing counsel has not provided anything except financials (with no substantiation - they are out in left field as far as pre marital assets).

So... what the heck ??... As far as I know, we are going to trial. They have not provided anything, nor communicated the need for any extensions. So maybe I've called their bluff as they were never ever going to take this to trial. Perhaps it was a pressure tactic to get a better OTS.

Thoughts ?

Anyways. If they ask to adjourn this november, I will instruct my lawyer to refuse. If the adjournment is granted then I will ask for costs of trial prep and that a pre-emptory date be set.

Thoughts ?
did OCL been involved in your case? How old are the kids? How access goes, any alienation signs from your ex?

The way it looks they most likely will ask for an adjournment and if they do they need to provide solid proof for that.
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Old 10-20-2018, 09:40 PM
StillPaying StillPaying is offline
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I'm also on the Nov trial sittings but for a long motion. Once you've been put on the list, everyone is supposed to be ready to go on a half days notice. They would need a pretty good excuse to try and adjourn the day of.

As far as getting ready for trial, I'm not sure there is anything for them to do. I believe you did the trial record, so if they're happy with it they don't need to add anything. If no financial changes, then they don't have to file anything. And they should do an evidence brief, but would most likely be allowed to give everyone a copy the day of, assuming it's all evidence you've seen before or had access to. I doubt it's a bluff and would be ready to go regardless.
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Old 10-21-2018, 12:03 AM
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Originally Posted by StillPaying View Post
... They would need a pretty good excuse to try and adjourn the day of.
Opposing counsel can adjourn anything at anytime simply by playing sick. OC in my matter has done this more than once. If anybody has a solution to this low-blow tactic, I'm all ears.
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Old 10-21-2018, 10:37 AM
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Opposing counsel can adjourn anything at anytime simply by playing sick. OC in my matter has done this more than once. If anybody has a solution to this low-blow tactic, I'm all ears.
yes, in my case OC wrote to the regional senior judge to adjourn the CC, simply saying that she's in maternity leave and the replacement counsel did not have enough time to prepare their responding material. Court advised that the CC goes fully on all issues as scheduled, no adjournment. Courts are aware of all these delay tactics, they don't buy it.
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Old 10-21-2018, 10:46 AM
Stillbreathing Stillbreathing is offline
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Unfortunately there is no way to prevent the stall and delay tactics. You are right in that if they ask for an adjournment they will get one. My court related nightmare has been going on for 7 years and still NOT on the trial list! With not one single issue resolved! At one point my ex’s lawyer managed to get an adjournment for a critical motion by saying he would be out of the country. I had to let my lawyer go and went self-rep. Got the exact same court date that had been adjourned. Guess who showed up? My ex’s lawyer. I explained to the judge that he had cancelled this date when I was represented because he was “ out of the country “ but had now magically appeared. The judge was not impressed. The judge did not proceed with the motion that day even though I was fully prepared because my ex hadn’t showed up and his lawyer was not prepared. When the judge asked what dates he was available the lawyer gave one excuse after the other why he was not available anytime in the future.
I got to say to the judge, “see what I mean? By delaying and stalling?”

Judge was kind and patient when he addressed me then would turn to opposing counsel and be short and brusk. The judge finally said to the lawyer “she has the right to bring a motion whether you like it or not. I will set the date for when I am available. It will proceed with or without you. Is that understood?”

One of the best moments I ever experienced in court!
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Old 10-21-2018, 04:08 PM
OrleansLawyer OrleansLawyer is offline
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Opposing counsel can adjourn anything at anytime simply by playing sick.
That does not reduce the liability for costs.

Case law - https://www.canlii.org/en/on/onsc/do...7onsc4623.html
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