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Old 10-04-2006, 01:22 PM
Still smiling Still smiling is offline
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Default misrepresentation of judge's endorsement?

Question - is this just a question of semantics or is "someone" trying to hose me? I am self representing and feel I did ok at the case conference. I have the fax of judge's endorsement (which I suspect his lawyer does not know I have) which reads:

"Questionning - there is an order for questionning of each party with respect to financial matters and particularly credit card statements for 2003 to 2006, loan statements from xxx and/or xxx for loans in 2003, 2004, 2005 that might have been paid to the respondent and bank account statements, personal and business, for 2003 to 2006."

I just received the "draft" from his lawyer which has changed the endorsement wording to read:

Each party may question the other with respect to financial matters including: (same specifics).

My thinking: his version seems to "limit" questioning to those matters whereas judge's version suggests questionning can go beyond the scope of the "specified" things and that they are emphasised as being "in particular?"

Your thoughts please??????
Old 10-04-2006, 03:44 PM
mom22galz mom22galz is offline
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Default not neccessarily

Hi Still Smiling,

Per the rules of legislative interpretation, "including" = not limited to. It's not an exhaustive list.

While the judge's statement may seem more specific, it still allows for questioning re: those specific items and financial matters. There's nothing in there to prevent the questioning of financial matters outside of those specifics.

My hackles might be raised at seeing the lawyer's edit because there seems no material change. What was the point of changing it??

Either way, both versions allow for questionning of the items specifically set out, plus other financial matters.

Just my opinion...
Old 10-04-2006, 06:09 PM
logicalvelocity logicalvelocity is offline
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Still smiling,

If a questioning interrogation session is to occur, the field is wide open and moreover you can ask the other party to bring any document statement to the questioning that you think is relevant to the action. If they fail to comply and produce the document etc at the questioning, they will have to give a reason such as the document is subject to legal privilege. An example of this would be a third parties financial statement.

It is not proper for one lawyer to change the Judge's wording of the endorsement. You could contest the draft under rule 25 of the family law rules and serve and file form 25e. A subsequent meeting with the Registrar will be required. If the matter is not settled, the issue will go before the Judge who made the endorsement. It is always best to keep the endorsement word for word.

Old 10-04-2006, 07:17 PM
Still smiling Still smiling is offline
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Thanks mom & LV - I thought it was somewhat odd, if nothing else, especially since the rest of the order is pretty much verbatim. I did fire off an email requesting he make the change to accurately reflect the endorsement and left it at that. I'll keep a copy of his "draft" as well as the judge's handwritten copy should there be any problems.

On a huge upshot - I've been doing some extensive volunteer campaign work for upcoming municipal elections and garsh darn it - the CFO has taken me under his and her wings (they own a couple of accounting firms...) and have offered to do a THOUROUGH review of the business books and taxes. Should be interesting.

Thanks again for your comments - I appreciate it.

still smiling (but frowning a little when people don't play nice)
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