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  • Need Info LV

    LV,

    Should I wait to receive the signed Final Order or can I file my motion to amend set aside or vary (59.06 Courts of Justice Act does this Act apply in my situation) the order based on Fraud before the Order is signed. Need information please LV.

    All the best and Happy New Year LV,

    Thanks again
    Mcbroke

  • #2
    In addition LV

    Does fraud encompass any documents (her new partner's tax form containing false information) submitted by the Applicant's attorney and/ or testimony of their witness (her new partner)?

    Thanks LV,
    Mcbroke.

    Comment


    • #3
      Mcb,

      You could file a motion right away and secure a date for same and refer to the endorsement page of the continuing record where the respected Judge made the order.

      ie: in your affidavit to support your motion you may want to say the following:

      1. My name is Mcb and I am the Applicant (or Respondent) in this matter, and as such have personal knowledge of the facts hereinafter deposed to.

      2. I make this my affidavit in support of my application by Notice of Motion, dated X January 2007.

      3. I am asking the honorable court's consideration for interim relief on the following:

      a) to vary the final order dated xx, December 2006 as recorded by Mr. or Madame Justice X on the endorsement page of the continuing record that was obtained by misrepresentation of party's x financial position or something to the effect to suit the situation.


      Generally, if the Family Law Rules does not adequately cover a situation, the court must refer to the Rules of Civil Procedure.

      If your not successful in your motion and proving that they committed fraud you could be held liable for the other parties costs of the action.

      lv

      Comment

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