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  • #16
    You've provided some sound advice here, Arabian.

    I would only add that the bench mark for having someone deemed a vexatious litigant is high. My ex took me to court several times in the course of 18 months. But when I brought my motion to have him deemed a vexatious litigant, the Judge did not think we had proven enough reason. However, the Judge did agree that my ex should be prohibited from bringing forward any more motions/applications without first obtaining leave from the court. Therefore, I believe having one deemed a vexatious litigant is a lot more difficult.

    Tayken and Orleans are both spot on about the improbability of proceeding without notice. Like it or not, the opposing party is entitled to an opportunity to address your motion. Anticipate what he/she may respond with and be prepared to submit a reply affidavit.

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    • #17
      HI Nadia. I agree. It has taken over a year of court appearances by my lawyer to deal with same matter. However, now my ex and/or his lawyer have to go through judge who dealt with our divorce on all matters. Took alot of time and money to get to this point but I think it will be worth it. Huge legal bills coming my ex's way soon - hope that will deter him. Courts have more important issues to deal with, particularly those that involve children, in my opinion. People who make a career out of going to court should have to go through psychiatric evaluation as I sometimes think continuous filing of law suits can be a sign of mental illness, in my opinion.

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      • #18
        Hopefully I can address the last few messages with this post...


        The SEPT 2010 Order from [15] states, "The Respondent has failed to file an Answer and is therefore not entitled to any further notice of steps in the case."

        I was not notified of this SEPT 2010 hearing. There is nothing from the order to suggest it was an emergency so I'm unclear how STBX obtained this order without notice to me. Is it possible for a party to claim they notified the other party of a motion when they didn't? Would there be something filed in the Continuing Record? I have a copy of the Form 14C: Confirmation for the hearing that indicates the hearing will be going ahead on all the issues. The funny thing is....the Confirmation indicates the judge should read Tabs 1 to 5. Tab 4 is the Financial Statement I filed that they claimed I failed to provide. I smell something fishy!

        Yes, my grievance was for wrongful dismissal. I had to settle for less than I should have because I needed the money to pay the $2500 in order to file my answer. EI does not have to be repaid. The Union has some way around this. I suspect it may have something to do with "income" vs. "damages".

        I realize that any judge will be very reluctant to grant an uncontested hearing, especially when child custody is an issue. However, my STBX has (through what appears to be fraudulent means) already had the opportunity to present their case to a judge on more than one occasion and still did not get anything they had asked for in their claims.

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        • #19
          When you receive a notice of motion it should specify a date in it that you had to submit your statement of defense (Answer). If you did not do that then you are probably a TOL (tit out of luck). I'm not sure about informing you of subsequent hearing dates but it might be worth examining. I don't believe you can file an appeal as you only have 30 days to do that. Appeals are only about errors in law and very few cases are successful that I know of. However, if you can document a precise AND CONCISE list of issues in a non-emotional, factual manner you could have the matter reviewed. I would strongly suggest that you focus on one or two things only. This is where lawyers are extremely handy as good ones keep the emotional stuff out.

          If your payout from your employer states "income" then you are obligated to pay back EI. One easy way to figure this out is to check and see if there is any mention of change of employment termination date. Some employers purposely screw employees this way, particularly when the employee wins the arbitration.

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          • #20
            Originally posted by arabian View Post
            When you receive a notice of motion it should specify a date in it that you had to submit your statement of defense (Answer). If you did not do that then you are probably a TOL (tit out of luck). I'm not sure about informing you of subsequent hearing dates but it might be worth examining. I don't believe you can file an appeal as you only have 30 days to do that. Appeals are only about errors in law and very few cases are successful that I know of. However, if you can document a precise AND CONCISE list of issues in a non-emotional, factual manner you could have the matter reviewed. I would strongly suggest that you focus on one or two things only. This is where lawyers are extremely handy as good ones keep the emotional stuff out.

            If your payout from your employer states "income" then you are obligated to pay back EI. One easy way to figure this out is to check and see if there is any mention of change of employment termination date. Some employers purposely screw employees this way, particularly when the employee wins the arbitration.
            The issue is that I did not receive a Notice of motion for the SEPT 2010 hearing.

            I will not have to pay back any E.I. and that is not a concern. The Minutes of Settlement from the grievance specifically identify that the monies I was paid was for "damages" and for relinquishing all rights to be reinstated. There is case law that specifically states "that a payment received for renunciation of a right to reinstatement does not constitute earnings under the Employment Insurance Regulations (Canada v. Plasse [2000] F.C.J. 1671 at paragraph 18).


            It seems to me that the important question is how my STBX obtained the SEPT 2010 uncontested hearing? It seems that I should have been given notice of this hearing to allow me to provide a defense.

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            • #21
              You are correct regarding your dismissal reward. I was looking for an angle for you to hang onto the money in the trust fund LOL

              You would have to check your documentation leading up to the Sept 2010 hearing. Did your ex's notice of motion have a date for filing a response? That's a pretty common paragraph. Does your ex have proof that you were served with the notice of motion? I still don't get how you were unaware of the hearing which lead to the order for the Sept 2010 hearing. Something doesn't add up here.

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              • #22
                Originally posted by arabian View Post
                You are correct regarding your dismissal reward. I was looking for an angle for you to hang onto the money in the trust fund LOL

                You would have to check your documentation leading up to the Sept 2010 hearing. Did your ex's notice of motion have a date for filing a response? That's a pretty common paragraph. Does your ex have proof that you were served with the notice of motion? I still don't get how you were unaware of the hearing which lead to the order for the Sept 2010 hearing. Something doesn't add up here.
                THANK YOU for your continued input, Arabian!!!

                I agree that something doesn't add up.

                I know I did not receive notice of the SEPT 2010 motion. What I can't figure out is how my STBX got the hearing without notice to me? Is it possible for my STBX to claim I was given notice when I in fact I wasn't?

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                • #23
                  yes and that is why transcripts would be quite telling. Seems that you have narrowed it down. Good first step anyhow.

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