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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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  #41  
Old 09-16-2018, 08:28 PM
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My lawyer asked for a retainer that I could not afford. So I told him I was going to file everything as if I was self rep and eventually add his name on the case if I was able to find the funds. He then came back to say that he would plead for my case and get paid only when I get my equity. This is why he wasn’t on the time frame but he did told me to call Toronto to inquire about a date of appeal.
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  #42  
Old 09-16-2018, 10:18 PM
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yep they really like that home equity... they can lien the money in the trust fund is why.

Business is business. No pay no work.
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  #43  
Old 09-16-2018, 10:29 PM
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you have fought hard for 3 years now/

I believe your ex capitalized on the domestic violence charge and made her move immediately.

I wouldn't give the lawyer another dime. Your kids are at an age where they can soon decide on their own anyhow how and when they will see you.

You need to rest and regroup and think of ways of how you can independently, without court's help, to maintain a position in your children's lives. This won't be easy. However, your daughters are coming to an age where they hopefully someday can be independent thinkers.

Again, I am so very sorry for your disappointment. I thank you for keeping us in-the-know through your tremendous struggle.

I do hope some good things come your way. Perhaps some others on here can give some ideas to you on how to broach this uncomfortable situation with your daughters.
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  #44  
Old 09-18-2018, 07:55 PM
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Why did you not let the perfection fail and let them close it and collect your 750$?

Quote:
If you do not file proof that you have ordered the transcript necessary for your appeal within thirty (30) days after filing your notice of appeal (if there is a transcript of oral evidence to be filed on the appeal), the respondent may file a motion before the Registrar of the Court of Appeal for dismissal of your appeal for delay. If granted the appeal is dismissed with costs fixed at $750.00.

If you do not perfect the appeal within sixty (60) days after receiving notice that the transcript(s) are completed, the respondent may file a motion before the Registrar for dismissal of the appeal for delay. If granted the appeal is dismissed with costs fixed at $750.00.

If the appeal is one for which no transcript of oral evidence is required and you do not perfect the appeal within thirty (30) days (or in the case of an appeal under the Child, Youth and Family Services Act (CYFSA) – fourteen (14) days) after filing your notice of appeal, the respondent may move before the Registrar for dismissal of the appeal for delay. The Registrar also may take steps to dismiss the appeal for delay in accordance with Rule 61.13.

If one year (or in the case of an appeal under the Child, Youth and Family Services Act (CYFSA) – six months) pass from the date of filing your notice of appeal and the appeal is still unperfected, the Registrar may take steps to dismiss the appeal for delay with costs of $750.00.
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  #45  
Old 09-18-2018, 08:35 PM
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« If granted » is the key words in the whole process. At start, the Registrar already give the moving party one year to perfect the appeal from the date they have served the notice of appeal. This means I will have had to file a motion to dismiss the appeal due to delays. At that step, it is in the protocols of the Registrar to allow the moving party a last chance to perfect the appeal. And they would have done. This is why I have send a nice unappreciated message to the rat lawyer to file the certificate of perfection in 48 hours with a CC to the Registrar.

Second, I would have asked for more than 750$ for costs. The rules clearly states that if your costs are exceeding 2000$, you can request a higher amount with proof of your expenses occurred by providing a summary of your total costs.

Sincerely, it was to easy and nice to put an end to this unnecessary litigation. I am confident I will succeed and their appeal will be dismissed. Can’t wait to see a For Sale sign in front of her property. 😏
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  #46  
Old 01-08-2019, 04:33 PM
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Appeal Dismissed. What a great way to finish the year!


Now it's collection time. If she cannot make the payment, she will need to list the house on the market.


See the decision from the Ontario Court of Appeal in Toronto, dated December 28th 2018 at the following link; http://www.ontariocourts.ca/decision...18ONCA1086.htm or at http://www.ontariocourts.ca/decision...18ONCA1086.pdf
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