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  • #31
    yes, is for a year. How do I clear them when I can't afford a lawyer and Im already going into debt just paying rent on my own place. I left the family home four months before she got the protection order because she had made a claim to a friend of mine that I "emotionally" abused her. When I found out I immediately left to protect myself against further allegations once I knew what kind of game she was going to try and play. I thought by leaving I was protecting myself. I could easily prove a claim for undue hardship, but what do I do with that? is that how I would force the sale of the home? Ex doesn't work. I am asking for ss

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    • #32
      Originally posted by init'sowntime View Post
      Ex doesn't work. I am asking for ss

      If Ex doesn't work, how can you ask for Spousal support? You can't get blood from a stone?

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      • #33
        she earns 32k a year on a disability pension

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        • #34
          The problem seems to be that there is not a lot to go around, and each of you are going to have to make sacrifices.

          In my own situation - we were barely getting by as a couple - how can we be expected to maintain two separate households without digging ourselves in deeper into debt? Divorce makes paupers of us all unfortunately. The best that you can hope for is a fair deal.

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          • #35
            Originally posted by init'sowntime View Post
            ok, so I have tried now four times, calling the lawyer office, asking for the lawyer email address so that i may send correspondence. Each time I have called no one answers the phone, I call during business hours, on weekdays and at various times. I have left a message each time. Interestingly enough, each time I have been to the lawyers office there is always someone at the front desk. I have not had a response at all. What should I do next? I don't know whether I should file a motion (if so what do i file?) or if I should request a jcc, or file a partition order to force the sale of the house? I am tired of being ignored and I want to move things along.
            Regarding email, some professionals may not wish to release their email, since they may end up with a full inbox every day of trivial mails. This can eat up their time and cost their clients unnecessary amounts of money.

            Similarly, I don't expect any professional to pick up the phone and chat with me whenever I feel like calling. I don't expect my doctor or dentist to do this, and I wouldn't expect a lawyer to do this.

            Regarding the receptionist or the lawyer's legal assistant, you should be able to get a response in a timely manner. If not, this is not a properly run business office. You should be able to make an appointment to speak to the lawyer on the phone at an appropriate time.

            That being said, a receptionist may be dealing with a client standing in front of them. A legal assistant may taking notes while the lawyer interviews the client. You cannot expect to be attended to every time you phone. Most modern offices do not have anyone attending the phone non-stop all day long. They use voice mail.

            If you are not getting any response to numerous voice mail, you should check what type of message you are leaving and the purpose of you call. Something suitable would be: "This is Mr. Ex. I am the opposing party for (Lawyer's Name)'s client, Ms. Ex. As I am self-represented, I need to speak directly with (Lawyer's Name) about a possible settlement offer. I would appreciate it if (Lawyer's Name) would return my call sometime between 1pm and 5pm. If this is not possible, please leave a message at this number for an appointment for a phone negotiation. (xxx) xxx-xxxx."

            Such a message explains the nature of your call, why you must speak with the lawyer directly, and options for connecting. If you are saying anything else you are probably wasting the lawyer's time and will likely be ignored. You cannot negotiate by voice mail.

            So all this being said, it is not possible to know from your description why you are not getting through. It may be you. It may be them. It may be both. If you cannot make contact any other way, then send a registered letter, fax, or courier to the lawyer's office.
            I think I said previously that I sent her lawyer a letter stating my willingness to negotiate and had no reply to that. I have now not heard anything from their side (except for the response to family claim, and her counter claim) in two months. Can anyone please advise me what to do next?
            If you are not getting any response to letters, then your only recourse is to file a motion, and attach a summary of your attempts to communicate to your affidavit and make clear note in your motion application that you made a strong effort to stay out of court, but the other party refused communication.

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            • #36
              Originally posted by Mess View Post
              Regarding email, some professionals may not wish to release their email, since they may end up with a full inbox every day of trivial mails. This can eat up their time and cost their clients unnecessary amounts of money.
              Excellent point. In today's society where technology has made communications almost "instant" there is something to be said to having to write up a professional letter, print it out, review it and fax it at minimum. Negative advocate solicitors love email, will even threaten to report other lawyers for requesting simply to have communications be done via fax or postal service in this manner.

              Who really wants to pay for two lawyers bitching each other out and not assisting their clients? If your lawyer moves to communicating in only written correspondence with the other counsel it is with good reason and if you are the party whom's lawyer is making the demands that communication be over email you should really think as to why this is happening... Maybe, just maybe, you have a negative advocate solicitor and the other lawyer is containing them. (Something to ponder.)

              Originally posted by Mess View Post
              Similarly, I don't expect any professional to pick up the phone and chat with me whenever I feel like calling. I don't expect my doctor or dentist to do this, and I wouldn't expect a lawyer to do this.
              Nor should they. There are other services (especially for medical needs) like TeleHealth Ontario that people can leverage for special circumstances... or 911...

              Well, the only lawyers (good ones) that have this kind of service are criminal defence lawyers. Many have a 24x7 answering service but, you would be hard pressed to find a family law lawyer office setup in this configuration... Nor should they be in my personal opinion.

              Side note: I do have a personal conflict with my own statement here that Family Law Lawyers shouldn't be accessible in an emergency. If they were we would see many abductions in contravention of section 283.(1) and 283.(2) on holidays and weekends... There is something to be said as to why the majoirty - if not all removals of children from their habitual residence happen on a holiday or weekend... and the paperwork is sworn and signed by the removing party for their "emergency" ex-parte motions are sworn generally the Friday or Thursday before the "emergency" and not after the "emergency"...

              So, there are situations in which access to a family law lawyer is important...

              Good Luck!
              Tayken
              Last edited by Tayken; 07-05-2013, 11:05 AM.

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              • #37
                Many have a 24x7 answering service but, you would be hard pressed to find a family law lawyer office setup in this configuration
                In Ottawa, procedural motions (the door to the urgent motion) are held on Tuesdays and Thursdays. If an issue comes up Saturday it can't be dealt with sooner than Tuesday whether the lawyer is aware of it on Sunday or Monday.

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                • #38
                  Originally posted by OrleansLawyer View Post
                  In Ottawa, procedural motions (the door to the urgent motion) are held on Tuesdays and Thursdays. If an issue comes up Saturday it can't be dealt with sooner than Tuesday whether the lawyer is aware of it on Sunday or Monday.
                  If the matter is brought "urgent" ex-parte the lawyer won't know about it until after the order is already issued and entered...

                  Urgency:

                  http://www.ottawadivorce.com/forum/f...e-court-13291/

                  Urgent and ex-parte:

                  http://www.ottawadivorce.com/forum/f...ily-law-15139/

                  Next time you come across an "urgent" ex-parte motion in a court record OrleansLawyer, take a look at the Form 35.1 that is filed with it and other affidavits... You will note that many of them (majority I have seen) are dated and endorsed by the solicitor of record prior to the event that lead to the urgency...

                  Suffice to say, I can attest to the fact that the justices in the Brampton Superior Court and Toronto Superior Court absolutely do not find that situation proper and "coincidental" to say the least.

                  Very sharp practice to prepare for an emergency the day before the "urgency" even happened in my opinion. Even sharper when the other party at the receiving end of an "emergency" ex-parte motion is represented by counsel and the lawyer bringing forward the matter ex-parte knew and has exchanged correspondence with that lawyer. Curious to hear your opinion on matters such as that and your interpretation of how the Rules of professional conduct and other aspects of law governing solicitor conduct OrleansLawyer...

                  Good Luck!
                  Tayken

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                  • #39
                    the other party at the receiving end of an "emergency" ex-parte motion is represented by counsel and the lawyer bringing forward the matter ex-parte knew and has exchanged correspondence with that lawyer.
                    Certain cases where counsel was found personally liable for costs address the issue adequately.

                    Because of the headache it causes everyone involved - time, work, money, stress - this sort of sharp practice seems to be relegated to incompetents (who get disbarred), dabblers (who don't appreciate the consequences), or (rumour has it) Toronto lawyers who can hide among the many lawyers in the city without becoming as well known. In smaller bars, word of it gets around.

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