Hello!
I would appreciate it if anyone can help please.
I was served with a Notice of Appeal last week for the Court of Appeal.
The SCJ Family Court trial judgment last month was for:
a) SS, CS and S7 arrears totalling about $44,000
b) SS & CS totalling $3000 monthly
There was no provision for any monthly payment of the arrears so I assume that mean it is to be treated as lump sum payment (RRSPs likely to be transferred)
The Notice states the Court of Appeal has jurisdiction under Section 6(1)(b) of the Courts of Justice Act.
1) Shouldn't it be heard in Divisional Court?
i.e. Courts of Justice Act states:
"Section 6. (1) An appeal lies to the Court of Appeal from,
(b) a final order of a judge of the Superior Court of Justice, except an order referred to in clause 19 (1) (a) or an order from which an appeal lies to the Divisional Court under another Act;"
Section 19 states:
"Divisional Court jurisdiction
19. (1) An appeal lies to the Divisional Court from,
(a) a final order of a judge of the Superior Court of Justice, as described in subsection and (1.2) which states;
If the notice of appeal is filed on or after October 1, 2007, clause (1) (a) applies in respect of a final order,
(a) for a single payment of not more than $50,000, exclusive of costs;
(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;..."
My judgment is for both a and b.
So does the "; " mean "and" or "or" ?
2) Stbx is asking in his appeal for the order to be varied for everything except what he has imputed at....or wants a new trial ordered:
i.e. for compensatory support awarded, my imputed income, child and support calculations, the fact that SS and SS and Section 7s were awarded retroactively to 2012 and what the Section 7s consist of, and extended health benefits
and that leave to appeal is not required.
How can leave to appeal not be required for this?
He doesn't quote statutes or cases. He just says the "judge erred" or "the judge failed to properly consider" each point.
How can this be allowed....that I can just get dragged into court again after 4 years of separation hell, legal fees, conferences and a trial... just because STBX just doesn't like the judgment and wants to dispute things?
I can't see a lawyer until Friday. Retainer is going to be huge.
I have no $, that's why I was awarded arrears.
I self-repped the trial but looking at this appeal process is beyond me, it's so complicated.
3) Can the Family Counter the courthouse help me at all with this?
Any assistance would be gratefully appreciated.
Thank you!
I would appreciate it if anyone can help please.
I was served with a Notice of Appeal last week for the Court of Appeal.
The SCJ Family Court trial judgment last month was for:
a) SS, CS and S7 arrears totalling about $44,000
b) SS & CS totalling $3000 monthly
There was no provision for any monthly payment of the arrears so I assume that mean it is to be treated as lump sum payment (RRSPs likely to be transferred)
The Notice states the Court of Appeal has jurisdiction under Section 6(1)(b) of the Courts of Justice Act.
1) Shouldn't it be heard in Divisional Court?
i.e. Courts of Justice Act states:
"Section 6. (1) An appeal lies to the Court of Appeal from,
(b) a final order of a judge of the Superior Court of Justice, except an order referred to in clause 19 (1) (a) or an order from which an appeal lies to the Divisional Court under another Act;"
Section 19 states:
"Divisional Court jurisdiction
19. (1) An appeal lies to the Divisional Court from,
(a) a final order of a judge of the Superior Court of Justice, as described in subsection and (1.2) which states;
If the notice of appeal is filed on or after October 1, 2007, clause (1) (a) applies in respect of a final order,
(a) for a single payment of not more than $50,000, exclusive of costs;
(b) for periodic payments that amount to not more than $50,000, exclusive of costs, in the 12 months commencing on the date the first payment is due under the order;..."
My judgment is for both a and b.
So does the "; " mean "and" or "or" ?
2) Stbx is asking in his appeal for the order to be varied for everything except what he has imputed at....or wants a new trial ordered:
i.e. for compensatory support awarded, my imputed income, child and support calculations, the fact that SS and SS and Section 7s were awarded retroactively to 2012 and what the Section 7s consist of, and extended health benefits
and that leave to appeal is not required.
How can leave to appeal not be required for this?
He doesn't quote statutes or cases. He just says the "judge erred" or "the judge failed to properly consider" each point.
How can this be allowed....that I can just get dragged into court again after 4 years of separation hell, legal fees, conferences and a trial... just because STBX just doesn't like the judgment and wants to dispute things?
I can't see a lawyer until Friday. Retainer is going to be huge.
I have no $, that's why I was awarded arrears.
I self-repped the trial but looking at this appeal process is beyond me, it's so complicated.
3) Can the Family Counter the courthouse help me at all with this?
Any assistance would be gratefully appreciated.
Thank you!
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