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  • Case conference Newmarket

    couple of hopefully easy questions.

    I have my first case conference in front of a judge coming up. I understand there are 5 or 6 different judges covering Newmarket.

    Any thoughts on these judges, I do not know which judge is involved in my case yet.

    My lawyer says it will most likely take from 9 to 1. Will we be sitting in the courtroom for the entire time or will we be called in when it is our time?

    If we are not in the courtroom but will be called in for our time, is it correct to assume my lawyer might be working on their computer end thereby be charging other clients during this time?

    Any other thoughts? My lawyer said the judge will probably give their thoughts on spousal support and such.

  • #2
    Originally posted by yellman View Post
    couple of hopefully easy questions.

    I have my first case conference in front of a judge coming up. I understand there are 5 or 6 different judges covering Newmarket.

    Any thoughts on these judges, I do not know which judge is involved in my case yet.

    My lawyer says it will most likely take from 9 to 1. Will we be sitting in the courtroom for the entire time or will we be called in when it is our time?

    If we are not in the courtroom but will be called in for our time, is it correct to assume my lawyer might be working on their computer end thereby be charging other clients during this time?

    Any other thoughts? My lawyer said the judge will probably give their thoughts on spousal support and such.
    I don't know if anybody here will have courage to name a judge they don't like. I have one that I cannot stand and one that I respect, which is Judge Nicholson. He seems to be very fair. You will never know who your judge will be until you come in the court house on the day of your conference. It should be room 305 but I am not sure if that will be "your" room. Anyway, there is an information desk on the 3rd floor and person there has a list of all cases and will direct you where to go.

    It will be a list of all cases on the wall beside "your" room as weell. Don't think that if your case scheduled for 9 am it will be heard at 9 am. Judge chooses the cases as they wish. You will be sitting in the waiting area on that same floor, near Room 305 (in our case) and will be called when judge is ready to hear your case.

    If you are not in the court room but your lawyer came in at 9 and left at 1 even though the case took from 12 to 1 pm. you will be charged from 9 to 1. Your lawyer may sit and chat with you or chat on the phone or just sit there looking pretty and he or she will get paid for this sitting.

    I would make sure your lawyer knows that he is charging you from the ACTUAL time he came til s/he left. We had an occasion when our lawyer tried to charge for the time they wheren't at the court house. So a little reminder "helped" them to remember the actual time they arrived.

    I hope your lawyer instructed you already not to start arguments with the judge during the proceedings, regardless if you agree or disagree with him or her.

    Good luck, dear.

    Comment


    • #3
      Thank you for your response.

      Did th judge make recommendations at your case conference? Like changes to spousal or other recommendations?

      Was the other party sitting there in the waiting room th whole time?

      Would it not be reasonable to assume that th lawyer works on their laptop and does other client business during that time?

      Comment


      • #4
        Originally posted by yellman View Post
        couple of hopefully easy questions.

        I have my first case conference in front of a judge coming up. I understand there are 5 or 6 different judges covering Newmarket.
        That very well could be the case. You will be assigned on judge to hear your conference.

        Originally posted by yellman View Post
        Any thoughts on these judges, I do not know which judge is involved in my case yet.
        I wouldn't worry about the judge you get for a case conference. Why? Case conferences are not a motion/trial and the justice presiding over them can only make technical orders. Anything substantial has to be agreed upon between both parties.

        For example: Custody and access cannot be "ordered" at a conference unless both parties agree.

        Conferences are "mediation".

        Also, you shouldn't worry because the judge who presides over your conference can no longer hear a motion or trial in your matter. This is because offers to settle are reviewed by the justice and this will influence their determinations on evidence presented at a motion or trial.

        Originally posted by yellman View Post
        My lawyer says it will most likely take from 9 to 1. Will we be sitting in the courtroom for the entire time or will we be called in when it is our time?
        No you will not be in the court room. Depending on the judge the conference could happen in their chambers. They will announce your conference and in what room it is happening over the loud speakers in the court house more than likely.

        Again, conferences are formal and lawyers don't even have to put on their robes to appear at them.

        Originally posted by yellman View Post
        If we are not in the courtroom but will be called in for our time, is it correct to assume my lawyer might be working on their computer end thereby be charging other clients during this time?
        It all depends. Usually they do but, it depends on the lawyer and how much time they need to spend dealing with your matter prior to the conference. Usually lawyers use this opportunity to canvas opportunities to settle the matter with the other lawyer.

        Originally posted by yellman View Post
        Any other thoughts? My lawyer said the judge will probably give their thoughts on spousal support and such.
        I believe the judge can only provide their thoughts on Spousal Support ("SS"). This is a substantive issue that has to be determined on motion or at trial.

        Conferences generally only last 15 minutes if you are not close to settlement. They can last longer if you are close to settling a matter. Justices like to settle matters rather than have them litigated so many will invest extra time to settle things if the parties appear to be close on the issues.

        Good Luck!
        Tayken

        Comment


        • #5
          Originally posted by yellman View Post
          Thank you for your response.

          Did th judge make recommendations at your case conference? Like changes to spousal or other recommendations?

          Was the other party sitting there in the waiting room th whole time?

          Would it not be reasonable to assume that th lawyer works on their laptop and does other client business during that time?
          There was no SS in our case, only CS and there was no any recommendations in this regard. However Judge recommended a mid week overnight access that was denied for months and months. So judge (the one I cannot stand btw) asked the other party: Why you disagree on the mid week overnight visit? So the other party stands up and goes just like this: ummm, ummm, ummmm, ummmm, because it's not good for a child to change beds. The judge: Really? Seriously??? So the other party agreed to the requested mid week overnight visit on that same date.

          The other party was sitting there in the same waiting area and periodically was scanning our group. The lawyers spoke in private a few times before and after the conference. At one point during the conference, the parents (the mothers) of both parties were invited to the court room and the judge (a rare idiot) gave them a speech. Nothing bad though.

          At some point the other party's lawyer came in to the private room where we had a conversation with our lawyer and started: You can tell me to shut up but I want to tell you that you have to forget everything and move on. I wanted to kick her ass, but I said: you have your own client, go back to her and give her your precious advise, not to us, good bye. And so she left. All the other court appearances our lawyer was advised to advise the other lawyer do not talk to us, never give us any advise and never approach us ever again. She never did.

          The whole thing took around 40 minutes of so.
          Last edited by Mother; 12-10-2014, 04:46 PM.

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          • #6
            Thank you to everyone who has responded.

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            • #7
              Let us know how it went, please and good luck to you.

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              • #8
                One more thing to add: we were not nearly close to settle at all at the CC time. Far from settlement. SO CC took 40 minutes or so. The case was pushed through to the moment when the parties have to go to trial.

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                • #9
                  We r not close to settling either. Lots to still fight about, money and details for the kids. Did you guys use a mediator or just lots of letters back for forth between lawyers?

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                  • #10
                    Originally posted by yellman View Post
                    We r not close to settling either. Lots to still fight about, money and details for the kids. Did you guys use a mediator or just lots of letters back for forth between lawyers?
                    A mediation was offered to the other party at our whole expence. She refused. Asked why? The response was "Because". Asked why wouldn't she want to end this whole crap as soon as possible and much cheaper and move on? The response was: "My way or the highway". Asked does she think a judge will comply with "my way-highway" thing. The response was: "I am a woman and can do whatever I want. There will be no consequences for me".

                    So what we ended up with - lots and lots of useless lawyers letters back and forth, back and forth for 2.5 years until she faced a choice to go through trial AND a possibility to lose (to lose in her view is to have 50/50 primary residency, consequently loosing CS). This was all about money and control and it still is.

                    There is a saying: some people are only alive because it's illegal to kill them.

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                    • #11
                      Sorry to hear about your stupidity. I would like to be able to sit down with the ex and work through some of this, however,it appears we cannot agree on even the simplest stuff now. We will c what the other side will do with mediation.

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                      • #12
                        Originally posted by yellman View Post
                        Sorry to hear about your stupidity. I would like to be able to sit down with the ex and work through some of this, however,it appears we cannot agree on even the simplest stuff now. We will c what the other side will do with mediation.
                        My stupidity? I am sure I am pretty smart lol...

                        If you'd be able to convince your ex to sit down, with or without some help from mediators that would be great. That would be the best. This is how I divorced years ago. Went to one free lawyer's consultation and that was enough for me even though, as a victim of severe physical and emotional abuse I'd get everything I wanted: alimony, CS, you name it, especially back then. I didn't want to. We sat down, decided who gets what, access, etc, boom-boom, done, all in 30 minutes I guess. No lawyers, no letters, no nothing. Imagine, after all he put me through, we are now friends looool. I guess you never know in life.

                        But that's not the case I am dealing with now. This case is all about money, money, money, me, me, me, me, me, me and money, money money and control, control, control and amount of lies is staggering. I even started a spreadsheet documenting her lies, some of them are unbelievable. You'd think only a crazy person would put such things in writing AND in Wizard!

                        Again, the best thing would be if you'd be able to convince her to sit down for a conversation and discussion. Try and try again. It didn't work in our case but who knows, it may work in yours.
                        Last edited by Mother; 12-11-2014, 01:42 PM.

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                        • #13
                          Mother...thanks for the note on Justice Nicholson. I had him at my Case Conference....I also found him to be reasonable. I have also heard good things about Justice Kaufman but only had him in assignment court. As for judges I don't respect......I will be so bold to name Justice Douglas. While not part of the regular Newmarket group, he is often parachuted down from Barrie to ease the load. This is only my opinion but for what it is worth, he is NOT familiar with Family Law. NOT fair. Quite frankly, his tactics were close to bullying in settlement conference. Appeared to only see one side of the issue. As far as not knowing who your CC judge will be...I asked at my first appearance date and was told the name of the judge who would be presiding. My CC was 45 minutes.

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                          • #14
                            For an update on my situation. I approached the ex and asked if we could settle things amongst ourselves before it gets much bigger. Waitin on the response. Funny story, the ex said the reason why she started the court process is because we had sent her side a letter asking to settle the divorce. Somehow they took this as a stalling tactic and started the case conference. I know it sounds crazy but it is true.

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                            • #15
                              Originally posted by yellman View Post
                              For an update on my situation. I approached the ex and asked if we could settle things amongst ourselves before it gets much bigger. Waitin on the response. Funny story, the ex said the reason why she started the court process is because we had sent her side a letter asking to settle the divorce. Somehow they took this as a stalling tactic and started the case conference. I know it sounds crazy but it is true.
                              Hope she'll agree. I don't know if she is loaded but if she is not, then tell her the truth: the court battle will cost her hmmm anywhere from $40K to 100K up depending how much her lawyer charges and how long this crap will last and usually it lasts forever so lawyers are winning all the time.

                              Comment

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