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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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  #11  
Old 10-26-2019, 04:59 PM
Stillbreathing Stillbreathing is offline
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Iíve been at this game now for 8 years. Spent in excess of $300,000 ( Thank you visa, MasterCard, parents and funds from sale of matrimonial home). My ex and his lawyer absolutely love the stall and deflect play. Which goes something like this:

1. Exís lawyer asks for adjournment. Judge says sure, no problem.

2. Ex and lawyer donít show up for questioning. No consequences other than we have a certificate proving they didnít show

3. I file a motion involving a financial issue. Their response has nothing to do with finances but goes on and on about how bad a parent I am




4.Ex discloses personal tax return but for the seventh or eight time refuses to disclose corporate return

5. Ex insists on custody assessment ( doesnít agree with supervised access) and even picks the assessor himself but only partially complies with the order and refuses to have a nueropsychologic assessment. This drags on for almost 2 years after which the report is stale dated anyway.

6. Ex now thinks the best way to get unsupervised access is to refuse to see the kids or have any contact with them (21/2 year stall while refusing to settle other issue)

7. Ex decides after 21/2 years wants access to kids so filed another motion. Custody assessment update ordered, ex still refuses to do neuropsychology testing but gets another supervised access order.

8.ex sees kids x 3 months then refuses to see them again ( guess he thinks this technique works well to force unsupervised access)

9.ex ignores any and all offers to settle I make and gets almost every Third court appearance adjourned

10. Exís lawyer is ill, court adjourned

11. Exís lawyer canít make a motion date so itís adjourned. I am forced to go self rep, file for a motion, get the same date and exís lawyer mysteriously shows up ( guess he was lying about being out of the country) but does get this date adjourned as well because my ex didnít show

....and on and on it goes

Judges arenít much better.
Weíve attended for a motion with our lawyers and werenít even heard because the judge had no time ( can you spell light $5000 on fire each).

Have also chased our case management judge half way across the province only to hear these words come out of her mouth
ďI havenít had time to read your materialsĒ, then she went on to lecture us about waisting court time and we should just get along..,had she read the materials she would have known my ex was stalking me, the police domestic violence unit had flagged the children and I at high risk, my employer had implemented a safety plan as he had contacted them inappropriately and they were worried for my safety..

So stalling, lying, deceit, tribalism, financial and emotional ruin are all par for the course in family court.

My ex and his slug of a lawyer have so far managed to stall settling ANY issues for eight years now with the full blessing of the court. Itís only recently, as of a few weeks ago when I won my motion that he has been handed a piece of his own ass back to chew on.

I look at family litigation as a ridiculous movie. I now tell my lawyer to wait and see what kind of wild and bizarre shenanigans or excuses my ex and his lawyer are going to come up with. They love throwing monkey wrenches in the process and tying things up.

Heís now trying to stall arbitration and panicking but I wonít stand down. He thought heíd wear me down but he didnít. This is coming to an end. They probably have at least one more stall tactic up their sleeve but Iím ready for it.


My ex has also been in contempt at least 4 times but at this point itís not worth spending the money on a contempt motion. Weíll just add these to the long list of bad faith behaviours when asking for costs at arbitration.

Last edited by Stillbreathing; 10-26-2019 at 05:08 PM.
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  #12  
Old 10-29-2019, 06:46 AM
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Tayken Tayken is offline
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Why bother chasing a neuropsychological assessment? Type that into the main search of CanLII and see how many have been ordered or used in courts in Canada... ?

Don't bother trying to get the court to order a psychological assessment. They are near impossible to get ordered. Its a big waste of money, time and effort.
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  #13  
Old 10-29-2019, 12:31 PM
gettingexpensive gettingexpensive is offline
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Quote:
Originally Posted by Stillbreathing View Post
Iíve been at this game now for 8 years. Spent in excess of $300,000 ( Thank you visa, MasterCard, parents and funds from sale of matrimonial home). My ex and his lawyer absolutely love the stall and deflect play.
300k? At what point will you pull the plug? How old are the kids? This is a terrible waste of money and you've been going at it for 8 years. A few more years and the kids will be adult.. and it seems like you have some king of custody agreement in the meantime (ie: you seem to have them the majority of the time) so status quo should kick in at some point
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  #14  
Old 10-29-2019, 01:58 PM
rockscan rockscan is offline
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300k? At what point will you pull the plug? How old are the kids? This is a terrible waste of money and you've been going at it for 8 years. A few more years and the kids will be adult.. and it seems like you have some king of custody agreement in the meantime (ie: you seem to have them the majority of the time) so status quo should kick in at some point


Her ex is obviously hoping he can age out of the process but he wonít be able to do it. Plus if there are arrears owing they will continue to collect it well after the kids are adults. My dad was still paying his arrears at 75!
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  #15  
Old 10-31-2019, 02:19 AM
Stillbreathing Stillbreathing is offline
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Tayken, the judge did order both a social work assessment and neuropsychologic assessment as part of the custody assessment. My ex only complied with the social work part and the social worker said she really needed the nueropsych piece because of his brain injury.

Gettingexpensive, I have tried to pull the plug many times and gone self rep several times as well. Sent multiple severable offers to settle. My ex isnít all there upstairs and is a multimillionaire because of a personal injury settlement in which he was deemed to have a catastrophic brain injury. His lawyer is milking him and keeping the conflict going so he can take as much money from him as he can.

The stakes are far too high for me to walk away. Unfortunately, I have to see this through to the end. Not responding to his and his lawyerís insanity is not an option. My case is an example of how much power an unreasonable party is given by the courts to stall and cause havoc.
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  #16  
Old 10-31-2019, 09:25 AM
gettingexpensive gettingexpensive is offline
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Originally Posted by Stillbreathing View Post
Gettingexpensive, I have tried to pull the plug many times and gone self rep several times as well. Sent multiple severable offers to settle. My ex isnít all there upstairs and is a multimillionaire because of a personal injury settlement in which he was deemed to have a catastrophic brain injury. His lawyer is milking him and keeping the conflict going so he can take as much money from him as he can.
Ah yes. the not totally there upstairs sure complicates things. Seems like you need to keep going but it really sucks for you.
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  #17  
Old 10-31-2019, 11:27 AM
LovingDad1234 LovingDad1234 is offline
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I've had the same thing in my case, where judge ordered disclosure of information and my ex would not release it. Kept going to settlement conferences and I kept saying that the other side have yet to comply with judge order. Don't waste lawyer $ trying to get disclosure as it will get you nowhere. They are not disclosing because it will be damaging to their side. Just keep documentation of all the times you asked, and refusals to release. The other side is just shooting themselves in the foot.
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  #18  
Old 11-04-2019, 11:56 AM
EspoirN EspoirN is offline
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How does one initiate contempt motion? My ex was orderd to disclose all assets and income (from self-employment) pursuant to a court order issued at the case conference. He lied and instead of providing disclosure, he provided a simple statement saying that he has no income and boards for handyman jobs. He also lied about assets, I have proof he lied. What do I do now? Wait for the settlement conference to debunk the lies? Or is there another remedy?
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  #19  
Old 11-22-2019, 09:42 PM
EspoirN EspoirN is offline
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I am in the same situation. Ex did not comply with the court order from the case conference to disclose finances. He lies about his income, he is a self employed handyman. He lies about his assets abroad (apartment in home country) and is now refusing my attempt to schedule a settlement conference. He uses suits with my daughter as blackmail. He has supervised access through the family centre because he refused all persons I proposed. How do I force him to go to a case conference and to disclose?
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