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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-14-2016, 01:47 PM
YYZDaddy YYZDaddy is offline
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Default Ex appealing decision

Ex filed an appeal based on some points that I (and my lawyer) feel are insignificant.
One includes, "Ineffective assistance of counsel. Evidence that was in possession of the Applicant's counsel in advance of the trial was not presented." Whatever that evidence may be, I am not concerned. I know there is no "smoking gun" out there that could have a material impact on the decision.

Now, my lawyer and I walked through the trial prep together and I knew what her plan was. I had input, suggestions, etc and we presented our case. In many instances, I deferred to her expertise - that's why I'm paying her - and in some, she included information that I felt needed to be heard.

How much of the onus is on the parties in the trial to ensure their lawyer is properly acting on their behalf? I would suspect a large portion?

Funnily enough, her new lawyer is a criminal attorney with seemingly zero family law experience. Certainly nothing in CANLII nor on their own website.
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Old 05-14-2016, 01:52 PM
Links17 Links17 is offline
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her lawyers incompetence actually is proof she has no right to appeal. Appeals are pretty much there solely to correct MAJOR errors made by the judge. She has recourse against her lawyer and that's it
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Old 05-14-2016, 01:55 PM
YYZDaddy YYZDaddy is offline
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Quote:
Originally Posted by Links17 View Post
her lawyers incompetence actually is proof she has no right to appeal. Appeals are pretty much there solely to correct MAJOR errors made by the judge. She has recourse against her lawyer and that's it
Yeah they other items she's appeals are "findings of fact" and not errors in process or law. From what I'm told, criminal law is more open to appeal because someone's liberty is at stake. Family law gives a lot of discretion to the court.

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Old 05-14-2016, 02:02 PM
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arabian arabian is offline
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Links would know but I believe there is a criteria which will have to be met before the Court of Appeal agrees to hear her case is there not? You can't just willy-nilly file an appeal surely?
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Old 05-14-2016, 09:54 PM
Links17 Links17 is offline
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In quebec, Appeal for any family law decision is a right (i.e: willy nilly) also for anything that is over 70,000$ or something interesting or has importance for case law. Probably similar elsewhere....

The findings of fact has to be absolutely criminally blatant and has to also be determinative. So even if the judge misunderstood something it would also have to be so important as to change the outcome....

Appeals on family matters like custody and spousal support are extremely hard to win, virtually impossible.

Sleep easy.... As long there was nothing ridiculous you're safe.
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Old 05-14-2016, 09:59 PM
YYZDaddy YYZDaddy is offline
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Quote:
Originally Posted by Links17 View Post
In quebec, Appeal for any family law decision is a right (i.e: willy nilly) also for anything that is over 70,000$ or something interesting or has importance for case law. Probably similar elsewhere....

The findings of fact has to be absolutely criminally blatant and has to also be determinative. So even if the judge misunderstood something it would also have to be so important as to change the outcome....

Appeals on family matters like custody and spousal support are extremely hard to win, virtually impossible.

Sleep easy.... As long there was nothing ridiculous you're safe.
Thanks Links, feeling good about it.

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