Went to the courthouse today to get my affidavit sworn to and book a motion date for a summary judgement.
First I went into the office where they file the applications etc to do my affidavit, which is also the FLIC office. I tell the lady that I am going to pop over to the office next to hers to get a motion date set. She asks long or short? I tell her it’s for a summary judgement. She says, oh they will probably need to book you in for a long motion for that one then. Ok, fine, whatever I gotta do.
So I go next door. Here is my convo with that lady:
Me: I’d like to book a motion date
Her: Ok we have “x,y, and z available”
Me: Ok I’ll take y
Her: What’s it for
Me: A summary judgement to impute income and final order for CS and arrears
Her: Oh we don’t do summary judgements for child support
Me: Why not?
Her: You need to talk to FLIC
Me: I just did.
Her: Ya but did you tell her you were looking for a summary judgement?
Me: Yes
Her One minute (goes into FLIC’s office)
Comes back.... “Ya, no you can’t do a motion for a summary judgement for child support, it’s just not done”
Me: “But I’ve seen dozens of cases that have seen successful motions made for summary judgements on CS? I have ROE’s, affidavits from employers, EI benefit letters etc, enough to show what the Resp made/is making.”
Her: Well then you need to have a SC
Me: I already had an SC, he refuses to pay a penny more than the temporary consent order. There is no point wasting the courts time and resources trying to take this to trial when it is blatantly obvious what this guy should be paying. I thought the whole idea of a summary judgement is that it is to be used for matters that have no genuine issues for trial? This matter has no genuine issue for trial.
Her: Where did you get that definition from? (Like I’m some sort of deranged lunatic)
Me: Ummm section 16 of the Family Law Rules literally says that a final order can be made on matters that have no genuine issue for trial??? (wtf?!?)
Her: (now defensive and extra snooty) Well it’s not up to me to decide which matters get heard as summary judgements and which ones don’t. That’s up to the Justice
Me:.......... but...... you just told me that I can’t have a motion heard for a summary judgement? Does that mean I can now.....?
Her:.......... (starts writing furiously on piece of paper, storms over to the photocopy machine and slams it through) Well you can have date “y” for a regular motion, you’re not getting a summary judgment motion though (Thrusts piece of paper with motion date at me) Here.... you can do whatever you like with it. (Then proceeds to turn her back on me, making it clear that she is not speaking to me anymore)
Yikes. I figured the courts were under pressure and having to deal with a lot of dumb crap since the recent cutbacks but HOLLLLLYYYYYY SHIT.
So now I guess I will just file a regular motion for what? Arrears? S7’s? But the arrears and S7’s should be based on what he was actually making, not the $150/month he temporarily consented to paying. But I can’t file a regular motion to impute income can I?
Uggggghhhh. FFS.
First I went into the office where they file the applications etc to do my affidavit, which is also the FLIC office. I tell the lady that I am going to pop over to the office next to hers to get a motion date set. She asks long or short? I tell her it’s for a summary judgement. She says, oh they will probably need to book you in for a long motion for that one then. Ok, fine, whatever I gotta do.
So I go next door. Here is my convo with that lady:
Me: I’d like to book a motion date
Her: Ok we have “x,y, and z available”
Me: Ok I’ll take y
Her: What’s it for
Me: A summary judgement to impute income and final order for CS and arrears
Her: Oh we don’t do summary judgements for child support
Me: Why not?
Her: You need to talk to FLIC
Me: I just did.
Her: Ya but did you tell her you were looking for a summary judgement?
Me: Yes
Her One minute (goes into FLIC’s office)
Comes back.... “Ya, no you can’t do a motion for a summary judgement for child support, it’s just not done”
Me: “But I’ve seen dozens of cases that have seen successful motions made for summary judgements on CS? I have ROE’s, affidavits from employers, EI benefit letters etc, enough to show what the Resp made/is making.”
Her: Well then you need to have a SC
Me: I already had an SC, he refuses to pay a penny more than the temporary consent order. There is no point wasting the courts time and resources trying to take this to trial when it is blatantly obvious what this guy should be paying. I thought the whole idea of a summary judgement is that it is to be used for matters that have no genuine issues for trial? This matter has no genuine issue for trial.
Her: Where did you get that definition from? (Like I’m some sort of deranged lunatic)
Me: Ummm section 16 of the Family Law Rules literally says that a final order can be made on matters that have no genuine issue for trial??? (wtf?!?)
Her: (now defensive and extra snooty) Well it’s not up to me to decide which matters get heard as summary judgements and which ones don’t. That’s up to the Justice
Me:.......... but...... you just told me that I can’t have a motion heard for a summary judgement? Does that mean I can now.....?
Her:.......... (starts writing furiously on piece of paper, storms over to the photocopy machine and slams it through) Well you can have date “y” for a regular motion, you’re not getting a summary judgment motion though (Thrusts piece of paper with motion date at me) Here.... you can do whatever you like with it. (Then proceeds to turn her back on me, making it clear that she is not speaking to me anymore)
Yikes. I figured the courts were under pressure and having to deal with a lot of dumb crap since the recent cutbacks but HOLLLLLYYYYYY SHIT.
So now I guess I will just file a regular motion for what? Arrears? S7’s? But the arrears and S7’s should be based on what he was actually making, not the $150/month he temporarily consented to paying. But I can’t file a regular motion to impute income can I?
Uggggghhhh. FFS.
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