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  • Returning to court for bifurcated issue

    Hello all! I have looked around, but didn't see anything that addressed our question. I am asking on behalf of my partner as he's not forum-savvy and I am preparing the application (hence the "we") but it is regarding him and his ex.

    Quick background: My partner was in family court in Ontario, Canada regarding custody/access and spousal with his ex. The spousal issue (review and termination) was bifurcated due to property issues, and the custody/access was settled before trial trial. We had a lawyer, ex was unrepresented. Due to some major instability with the ex, and a refusal to come prepared, our legal fees were astronomical. Ex was ordered to pay a substantial amount of costs.

    We are now opening a new application to deal with spousal at Superior Court, and are doing so self-represented. Our previous lawyer laid a lot of ground work, and we cannot afford the legal bills this go-around. We can at least start the process, not have to pay for delays when the ex isn't prepared, and have a lawyer jump in closer to trial (if it comes to that.) We are very adequately prepared in regards to our content of our application and case conference brief.

    However, and the reason for my question is this: how much do new judges want to see in regards to what happened in a previous case? For example, ex came unprepared for 3 case/settlement conferences, did not even file a trial management brief, and has done everything possible to halt the legal process. Multiple costs awards against her. There's more, but trying to keep this post vague as to not identify too much.

    Should past behaviour be included, or do we start from scratch with the new application? Should the application include a recap of the case conferences, settlement conferences, etc, or do we wait for the first case conference brief? The spousal was only bifurcated two months before we settled, so most of the behaviour was in regards to the spousal, and not just access/custody. As this has moved to Superior Court, it's obviously a brand new judge.

    Thanks in advance!

  • #2
    No. They're two different courts. If spousal support was already applied for in Ontario court then the superior court has no jurisdiction. It's a mess and Ontario needs to implement a unified court system. I dealt with a divorce in superior court and custody and Access in Ontario court side by side. Complete disaster of a court system.

    My op is delaying matters at every chance and even often delaying things because of her counsel scheduling trials in the superior court to interfere with appearances in the lower court. Complete disaster.


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    • #3
      Thanks for the response. The issue is it was bifurcated (due to the ex wanting retro spousal, which included property) which kicked it up to Superior. Superior now has complete jurisdiction and provincial is closed.

      Asking because it appears this is not standard, and we don't think the ex actually meant to include property, but it is what it is, and now it's Superior as property cannot be adjudicated at a provincial level.

      We're wondering if any of the content of behaviour can be included in the application, or if we don't address it. ie. if the application can mention anything discussed during the previous provincial case regarding (for example) expert reports.

      Are you suggesting that everything starts from scratch and we can't reference it, even though the application asks about previous court cases?

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      • #4
        Originally posted by neverwhere View Post
        Thanks for the response. The issue is it was bifurcated (due to the ex wanting retro spousal, which included property) which kicked it up to Superior. Superior now has complete jurisdiction and provincial is closed.

        Asking because it appears this is not standard, and we don't think the ex actually meant to include property, but it is what it is, and now it's Superior as property cannot be adjudicated at a provincial level.

        We're wondering if any of the content of behaviour can be included in the application, or if we don't address it. ie. if the application can mention anything discussed during the previous provincial case regarding (for example) expert reports.


        Settlement conferences are confidential meetings. Did you ask for costs when documents weren't filed. Did you ask for costs to be reserved. If the OCJ proceeding was closed then likely that was the end of it.

        Sounds like you guys are really trying to screw over the other side. He's not going to give you guys what you want. You'll have to go to trial for it.


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        • #5
          Costs were asked for, and received. This isn't about "penalizing" for past behaviour, everything in regards to costs etc is closed. Perhaps we're not being as clear as intended.

          We are not trying to screw the other side over, just trying to get to a review as ordered on spousal which was to occur nearly a year ago. It was stalled out during the process by the ex, and the judge ordered the bifurcation. We have tried for mediation, arbitration, all to be denied by the ex. Court is the last option, as we cannot get to the review otherwise.

          We were asking if procedurally, you are allowed to include content from a previous court brief in an application. ie. the fact financial disclosure was not filed for 2 years. If it's "no, nothing from another court file carries forward" that's fine. Just looking for guidance in the application.

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          • #6
            Returning to court for bifurcated issue

            What does the bifurcation order say? I'm sure the judge will want to know why it was bifurcated

            I believe briefs are handed back to parties at the end of conference. They're not on the courts continuing record.

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            Last edited by trinton; 10-22-2016, 08:35 PM.

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