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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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  #1  
Old 10-14-2020, 12:12 PM
SearchingforFreedom SearchingforFreedom is offline
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Lightbulb Opposition Lawyer Missing Deadlines - BC

Hello Everyone.

I'm in the process of getting divorced in BC, and my soon-to-be ex-wife is making it as difficult as possible.

I'm hoping I may be able to ask for a little input regarding her lawyer delaying.

She has sent me her "Claim"
I have replied with the response and counterclaim.

They should have sent me a Form F6 "Response to Counter-Claim" within 30 days.

No response was received..

On day 32, I emailed her lawyer asking what was up, and gave him a 7 day window to reply. (I am currently self represented)

(In BC the deadline is 30 Days)

He did not reply.

On day 40, I called his office, confirmed his email, and emailed him again.
On day 41, I got a reply telling me "They are working on it, and will send it when they are ready"

I was completely tired of all of her stalling, and now her lawyer stalling. So I set up a JCC for a month from now. I let her lawyer know.

They responded now saying they are not available until 3 months from now...

They still have not filed the response to counter-claim..


I don't want them to keep delaying this..


What can I do to "encourage" my soon-to-be ex-wifes lawyer from delaying and stalling, especially when they pass deadlines..
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  #2  
Old 10-19-2020, 07:54 PM
pinkHouses pinkHouses is offline
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She has a lawyer.
This is like playing chess against someone that doesn't know all the rules. You may do OK for a while but chance are you are going to get burned on a rule you did not know or a general practice you did not know.
Lawyers also know the tricks of other lawyers.

You don't need a lawyer to represent you but you do need one to consult.
Don't let them whisper sweet nothings in your ear. Get it over with.
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Old 10-19-2020, 07:55 PM
SearchingforFreedom SearchingforFreedom is offline
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Thank you pinkHouses.

I just don't know how to proceed at this point. The deadline has passed and they are just telling me to wait...

I haven't been able to find anything that would force them to proceed..
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  #4  
Old 10-20-2020, 12:34 AM
Stillbreathing Stillbreathing is offline
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I don’t know how things work in BC and can only give you an example from my own experience in Ontario.
My lawyer and I asked for an urgent motion in December of 2015 because the dark side had been delaying so much and we had an urgent matter that needed resolution. The dark side’s lawyer said he was out of the country all of December and couldn’t make it. Nor could he send another lawyer from his office. I’d run out of money then and had to go self rep. I called the trial co-ordinator’s office and they gave me the exact same date the dark side’s lawyer had said he was out of the country. They wouldn’t let him change the date either. When the dark side’s lawyer showed up I said to the judge “look who’s here judge. In the case conference he told judge so and so he was going to be out of the country today yet miraculously made it here!.”

The judge could not hear my motion on that date but he did hear me and was going to hear it ASAP. The dark side’s lawyer tried to stall again and the judge turned to him and shut him right down, saying “She has a right to bring a motion and I will be hearing it whether you choose to attend or not”.

That was the single most heart warming moment in my never ending litigation battle (which is STILL ongoing).

Moral of the story, get in front of a judge. The rules are there for a reason. If they haven’t complied with the deadlines I believe you can move on without them. Schedule a CC if that is possible in these times of Covid. Consult with a lawyer. It’s well worth the money to know what your options are.

Last edited by Stillbreathing; 10-20-2020 at 12:38 AM.
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cheating, deadline, delay, divorce, games


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