Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #11  
Old 03-07-2020, 05:08 AM
Helpmyspouse Helpmyspouse is offline
Senior Member
 
Join Date: Feb 2018
Posts: 167
Helpmyspouse is on a distinguished road
Default

I don't have advice to give only well wishes that you will be successful in getting your girls back soon. Stay strong. You are doing great so far.
Reply With Quote
  #12  
Old 03-10-2020, 09:12 PM
Mummaa222 Mummaa222 is offline
Member
 
Join Date: Sep 2019
Posts: 58
Mummaa222 is on a distinguished road
Default

Thank you! It's getting more and more difficult to keep at it but giving up isn't an option.

The summary judgment motion date is May 29th and I'm hoping that this nightmare ends that day...just 2 1/2 months to go...that's the only thing I can tell myself to stay sane.
Reply With Quote
  #13  
Old 03-15-2020, 05:45 PM
Knowledgeable-Wizard's Avatar
Knowledgeable-Wizard Knowledgeable-Wizard is offline
Member
 
Join Date: Apr 2015
Posts: 42
Knowledgeable-Wizard is on a distinguished road
Default

Quote:
So my motion materials that were Ordered to be submitted by Feb. 28th were not.
And whose fault is this? Oh, right, the wind blew them away, so I guess the wind is at fault.

Quote:
I basically lost it as the only thing that went through my head at that moment was that it's over and I'll never see my daughters again...it honestly felt as if my children had just died...no exaggeration
Okay, well, at least you admit it was you who lost it.

In any case, you approached the situation correctly. You did a Form 14B basket Motion requesting an extension of time. Maybe a judge will give that to you, but maybe not.

Assuming you get the green light, you bring 3 copies of your affidavit to the court, all of them should have the exhibits and exhibit pages to be commissioned by the Court staff. The Court staff will also commission your 3 affidavits after making you swear the contents of it are true.

You then serve one on the lawyer "friend" of yours, come back to court to file one of the affidavits with an affidavit of service, that also gets commissioned by the Court staff. Then you keep the last copy for motion argument day.

If I seem a little testy, its because the NHL suspended their season.
Reply With Quote
  #14  
Old 03-16-2020, 09:44 PM
Mummaa222 Mummaa222 is offline
Member
 
Join Date: Sep 2019
Posts: 58
Mummaa222 is on a distinguished road
Default

Quote:
Originally Posted by Knowledgeable-Wizard View Post
And whose fault is this? Oh, right, the wind blew them away, so I guess the wind is at fault.



Okay, well, at least you admit it was you who lost it.
Yep. It was my fault and I listed the reasons in my first post...I'm human and as a human the stress of all those things I mentioned finally got to me. A lawyer would be allowed to take stress leave if they needed it and (I'm assuming?) have someone replace them. I don't have that option.

But that's not really important. This lawyer didn't follow the procedures in the Provincial and Regional Practice Directions and this is the second time now.

She served me with a summary judgment Motion as a regular Motion 3 days late on a Friday at 4:00. Because she had filed it as a short Motion I would have had to file and serve on the Monday. Monday morning she emailed me to ask me if I'd like more time. She did this because she knew she hadn't followed to procedure and I'm sure remembered that I had questioned it last time when she claimed that she didn't catch that it should have been a long Motion.

This time there is no way she didn't know it would be a long Motion because it's a summary judgment Motion.

So I filed and served my 14B asking for an extension and also for clarificatoin on the procedure for Long Motions because I'm expected to follow the Rules, and I am, but when the other party's lawyer is doing things however she wants and ignoring proper procedures it becomes a real task to understand. I'm always second guessing myself because of what she's doing and I expect her to know how to do things and follow the Rules and I think that her way must be the right way and my understanding of what i've read is wrong.

Also, her way of getting me to Consent to anything and to do it right away is to threaten my with costs if I don't do and say what she wants.

she was bullying me and now that i'm standing up to her she's not liking it. These are my daughters' lives and mine and my other 2 children also. i'm not doing this to make friends.
Reply With Quote
  #15  
Old 03-17-2020, 06:52 AM
Abba435 Abba435 is offline
Banned
 
Join Date: Jan 2020
Location: Eastern Ontario
Posts: 395
Abba435 has a little shameless behaviour in the past
Default

Family law is adversarial.
That lawyer is “advocating” only for her “client”
The kids do not matter
You are at war
The lawyer has shown you what she is
Your adversary
Treat HER like the adversary
Never let the kids into the crossfire
You are at war with a bully that has training so you need to be cool
and precise and more professional
You can do it!
There is zero goodwill coming to you from that lawyer
Expect bullying and deal with it head on
Reply With Quote
  #16  
Old 03-17-2020, 01:36 PM
Mummaa222 Mummaa222 is offline
Member
 
Join Date: Sep 2019
Posts: 58
Mummaa222 is on a distinguished road
Default

My 14B requesting an extension of time was served and filed a couple of weeks ago. She responded with an affidavit by her assistant basically saying that she had emailed me to tell me she wanted my material by March 16. I replied to her that I would prefer to first have clarification from the Court on the procedures that don't seem to have been followed and an explanation as to why I should have to complete my materials months ahead before committing to a date to serve her. My deadline should be May 14 for the May 29 Motion date.

I received an email from her Sunday evening. Weird that she emailed on a Sunday? The email says that she wants my materials immediately or she'll file a motion for breaching a court order and with that Motion she'll request that my Motion to Change be dismissed.

The judge wasn't back in our courthouse until yesterday. There had been no judge here since the end of February. I'm sure she knew when he was coming back if I knew.

I'm still waiting to hear about the judge's decision regarding my 14B for an extension.

Can she file a motion for breaching the Order when I've already filed a Motion to request more time on the Order that I breached and we're still waiting for a decision on my Motion?
Reply With Quote
  #17  
Old 03-19-2020, 01:33 PM
Mummaa222 Mummaa222 is offline
Member
 
Join Date: Sep 2019
Posts: 58
Mummaa222 is on a distinguished road
Default

Well, I got my extension. I have until March 31st. I'm sure the lawyer isn't happy about it.

Now to figure out how to get it finished and perfect with a chatty 4 year old home from school? I have a feeling I won't be getting much sleep but that comes with being a mommy and it's all worth it in the end.

If anyone has any advice to give me as to dos and don'ts for my affidavit in response yo the motion for summary judgement I sure could use it!

Presenting all of my evidence without having it be too much is where I'm struggling the most.

They have pages of notes on access visits and phone calls and almost every single one is the complete opposite of what happened and I have photos of a lot of the visits as proof....any suggestions on how to present that without having pages and pages?

I also want to use past affidavits from before the final order was made in 2012 to show contradictory statements and discredit almost everyone they've had submit affidavits this time. Do I need to attach the whole affidavit?

They haven't really provided any type of evidence besides their stories. They've submitted about 500 pages of text message screenshots and left out any texts that would make them look bad and twisted things I said. I have most of the missing texts in my evidence though.

Besides that it's basically been them picking out sentences from various documents like cas reports and the ocl and twisting them. Then there's my girls saying they want nothing to do with me or their brother and sister or anyone else in my family...I'm hoping that my evidence can prove that their words have been influenced and aren't their own.

I have everything together and typed out but struggling on how to present it in a eay that's not too lengthy and is easy to follow and make it so clear that there's no way the judge can't see the truth.
Reply With Quote
  #18  
Old 03-19-2020, 02:23 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 5,097
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

You might want to look up cases on canlii that involved summary judgement. In many decisions judges cute case law on why they do or do not find in favour of summary judgement. It may help you develop your arguments against summary judgement.
Reply With Quote
  #19  
Old 03-19-2020, 06:19 PM
Helpmyspouse Helpmyspouse is offline
Senior Member
 
Join Date: Feb 2018
Posts: 167
Helpmyspouse is on a distinguished road
Default

Is your courthouse still open with the covid19 pandemic?
Reply With Quote
  #20  
Old 03-19-2020, 06:30 PM
Abba435 Abba435 is offline
Banned
 
Join Date: Jan 2020
Location: Eastern Ontario
Posts: 395
Abba435 has a little shameless behaviour in the past
Default

https://www.ontariocourts.ca/
Not clear
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Need help ASAP DunnMom Divorce & Family Law 8 07-11-2011 06:10 PM
Schooling - need help ASAP!!!!! HappyMomma Parenting Issues 9 09-18-2010 06:07 PM
How to start divorce proceedings ASAP although husband does not want it Margaret-Krupa Divorce & Family Law 3 05-13-2010 03:54 PM
Need some Reasoning! ASAP Leila General Chat 3 06-18-2009 06:44 PM
case conference coming up soon...need reply..asap..please dickstacie Divorce & Family Law 6 05-11-2007 12:39 AM


All times are GMT -4. The time now is 01:46 AM.