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  • #16
    Originally posted by Asphenaz View Post
    Sorry, hit reply to quickly, I mean what is the point when my ex who is benefiting from legal aid is completely unwilling to 'negotiate'. This would only be an 'accept my offer or else' conference.

    Maybe I should start another thread for this in the 'legal' section, so other can get information on it.
    Read this:

    Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
    Date: 2011-12-16
    Docket: F2172/09
    Other citations: 7 RFL (7th) 358; [2011] CarswellOnt 14392; [2011] OJ No 5814 (QL); 210 ACWS (3d) 143
    Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII),
    http://canlii.ca/t/fpd0d

    I will try and give you some additional perspective on the challenge you face when the opposing party has "wings" and "do whatever they want in court, without ever worrying about fees - theirs or anyone else's".

    Read the whole case end-to-end...

    60. In the case at bar, the Applicant conducted herself as if her Legal Aid certificate amounted to a blank cheque – unlimited resources which most unrepresented Respondents would be hard-pressed to match. A scheduled 3-4 day trial turned into 17 days, largely because the Applicant fought every issue and pursued every dubious allegation, to the bitter end. She appeared to make up evidence and allegations as she went along. She defied court orders directly impacting on the child, even while the trial was underway. There have to be consequences. Either we sanction this irresponsible and destructive behaviour, or we invite more of the same.

    61. Encouraging settlement and discouraging inappropriate behaviour by litigants is important in all litigation – but particularly in family law, and most particularly in custody cases. No litigant should perceive they have “wings” – the ability to say or do anything they want in court, without consequences.


    Good Luck!
    Tayken
    Last edited by Tayken; 01-31-2017, 02:16 PM.

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    • #17
      Time for an update;

      After several calls to OCL departement and leaving messages with regards to the result of my dispute I received a letter from my lawyer.

      A clerical error caused the several month long delay in their reply to my dispute. They accepted the correction that our separation date was misreported by over 1 year by my ex, and that the clinician did not consult the children's family doctor, nor the children's teachers.

      The recommendation of the clinician is being supported none the less.

      Comment

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