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  • Delayed Judgement after a long Motion.

    Hi All,

    I have gone through a rather lenthy motion almost 8 weeks ago, the motion was for custody and access. The judge did not render his decision at the bench but said he would reserve judgement to further review the materials. 8 weeks later, there is still no decision coming from the court/Judge's office.

    1. Should i be worried?
    2. Should i contact the office directly?
    3. Could i fall into a dismissal situation? (Am I at risk)
    4. Are there any protocols/rules etc, regarding a delay like this?

    Thank you for any information.

  • #2
    The judge did not render his decision at the bench but said he would reserve judgement to further review the materials.
    Given the importance of the issues he is taking time to consider them while managing his regular case load. It is also possible he took a few weeks of vacation; it is summer, after all.

    Eight weeks is getting long but I wouldn't worry yet.

    Comment


    • #3
      In this situation, would the judge go back and review the court recorder's record to re-collect the details of the Oral Submissions by the lawyers?

      I mean with all their case load, im sure he has forgotten what the oral submissions and arguments were, i realize the judges due take thier own notes but im sure they are short hand notes! Would they simply just rely on the affidavit's and exhibits?

      Comment


      • #4
        Waiting for a decision is agonizing. I had 2.5 days of trial and did not get the decision til 5 months later!! That is not normal or acceptable. I was so pissed. The issue was RE: SUPPORT.

        Your issues require serious consideration and careful review. The Judge very likely did go on vacation (mine did), not that this makes you feel any better. Give it another week or two. I'm sure by then you'll hear something. Do you have a lawyer?

        Do NOT contact the Judge's Secretary. Not yet.
        There are no rules. The OJC acts like there are, but really - there are not. My case was extreme (the delay). And there was no rocket science involved, no outside agencies... I did do something about it. But only after dying a little more inside each day, after 5 months.
        Last edited by hadenough; 09-10-2012, 05:00 PM.

        Comment


        • #5
          Delay in Reasons for Judgment: Justice Delayed is Justice Denied

          Comment


          • #6
            There ought to be a time limit. There are cases where Judges have let their cases pile up on eachother. Not good. To leave people's lives hanging in limbo like that (when it's really long) is without conscience. My delay was excruciating. As I'm sure most are. It set back everything. Support: hmmm - does that not imply NEED? It made getting the FRO involved many many months away. Inexcusable.

            I've looked on CanLii quite a bit though. A large number of decisions are released in a fairly timely manner. I was just horribly unlucky.

            Edit: I put OJC 2 posts above. It should have read CJC. Canadian Judicial Council.
            Last edited by hadenough; 09-10-2012, 05:15 PM.

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            • #7
              I believe that judges have to be lawyers before they become judges. That, in itself, explains it all to me.

              Comment


              • #8
                Back on this topic.

                Almost 3 months have passed now and now Judgement coming out of the court yet. I have a combined Trial Management and Settlement Conference Scheduled Oct 26th; but now decision on my last Motion.

                Any thoughts/Advice/What should id do or what do i need to do?
                Do i need to postopone the SC/TMC at this time?
                What to do about this delay?

                Thanks.

                Comment


                • #9
                  I know in my jurisdiction the Judges have 3 mths. to give a delayed order.

                  It sucks. I waited 8 weeks once and it really really sucks but he did get it right though and the ruling was very detailed and good for future motions. My last motion it was three weeks and again the Judge got it right and the ruling was very detailed and outlined the facts better than any lawyer or person could.

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                  • #10
                    Re: Reserved Judgment

                    To my knowledge and experience, there is NO set time limit given to Judges in which they are required to issue their Decision/Reasons for Judgment.

                    Comment


                    • #11
                      Originally posted by hadenough View Post
                      Re: Reserved Judgment

                      To my knowledge and experience, there is NO set time limit given to Judges in which they are required to issue their Decision/Reasons for Judgment.

                      In my jurisdiction there is. It's set by the Chief Justice and it's 3 mths. for Family. I doubt it's "law" but my guess is most Judges will honor their boss' guidelines.

                      Comment

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