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  • Failure to Comply with "endorsement"

    This is the situation: Just when I thought it was finally over and things settled after a lenghty trial, the ex "refuses" to comply with the endorsement as it has not been made an Order yet (been two months).
    In the meantime, FRO will NOT enforce an endorsement or the old order knowing we had court proceedings; therefore no C/S, post secondary payments received, with the ex refusing to reinstate health care benefits claiming I will not provide him with the children's being adult age "social insurance number" and OSAP information which the children have yet to receive due to the delay in processing forms due to the staff support strike at the College/University.
    I have provided him and the insurance company with verification letters from the school, post secondary fees paid, plan,group & policy number the children covered with the post secondary education and I do not have any health care plan; with the following provided at the trial, in court and
    used by the Judge to calculate the C/S, post secondary monthly payments: -again my last three years including this years income tax returns and Notice of Assessments; last years children's Income Tax Returns, Notice of assessments as per requested by the Court; post secondary expenses paid so far, all $ amount of cost-expenses for secondary school (fees, meal plan, residence, traveling and moving expenses, books, special tools, equipment, etc...), transcript, last years documents from the National Student Loan Service Centre showing amount received for loans, grants; bursaries/scholarships received.
    -we have an previous order that the chidlren are NOT to provide their SIN.

    I do not have documents from OSAP/National Student Loan Service Center due to the strike.

    What else I am to sent the ex or missing "legally" in order for:
    1. benefits to be reinstated as the insurance company will not process claims until the ex makes arrangments which he was suppose to do according to the endorsement; and where the insurance company is to send payments directly to the chidlren.

    2. What else can I or the children do since I have been told by the insurance company that they will NOT process the claims or return the original receipts to the chidlren as I must have made copies, after both myself and the chidlren made the request.

    Is my only option to bring a contempt of Order when the endorsement made an Order? and how long-time limit does one give someone to comply with the Order? and reasonable time?

  • #2
    Do you have a lawyer? Called the clerk? What's the hold up on the endorsement being made an order?

    Typically the insurance company needs some form of identification, are THEY the ones asking for the children's SINs? Or is it the ex?

    Who is asking for the OSAP info in order to process? The insurance company or the ex?

    With the children being of age, it is entirely possible the insurance company is requiring this information.

    Have you called the company to confirm this is legitimate information they actually require? If this is correct, the ex may not be able to do anything until the proper documentation is provided. When in doubt, call the company directly, or have the children provide the info to the insurance agent directly.

    Most companies will NOT return receipts. ALWAYS make copies of anything you send in the mail. If you MUST use mail, ALWAYS use REGISTERED MAIL, so you know it arrives.

    Comment


    • #3
      What else can I or the children do since I have been told by the insurance company that they will NOT process the claims or return the original receipts to the chidlren as I must have made copies, after both myself and the chidlren made the request.
      Also, why the hell are you submitting things to the insurance company without having made copies first? Never send the only copy somewhere.

      Did you know about the issue with the company when you sent the requests in? Why not go back to the place where the item was incurred and ask for a new invoice? Any place where you would need to submit to benefits should be able to do so.

      Comment


      • #4
        What's the hold up with the order? You make no indication that you had a lawyer - if you did you need to rattle his chain to have the endorsement made into a draft order. If you were self-represented then you need to have the endorsement made into a draft order. Once you have made the draft order, it needs to be approved by the other lawyer. You then take it to the court house where they will compare it with the endorsement; if it is correct, they will approve it and then put a court seal on it - you now have a court order.

        As for the OSAP stuff; it makes no difference about staff being on strike etc. Prior to the college even receiving the loan documents, your son/daughter would have been given a formal approval for funds; this would be sufficient. And yes, such a thing exists; got one right here in front of me!

        Comment


        • #5
          Originally posted by TLCRN View Post
          This is the situation: Just when I thought it was finally over and things settled after a lenghty trial, the ex "refuses" to comply with the endorsement as it has not been made an Order yet (been two months.
          You went through a trial and you ended up with an endorsement? Do you mean that the decision hasn't been posted? The judge would have given the order at the conclusion of the trial unless the judge is sitting to actually come up with the facts to the decision? A bit confused as to how you went through a trial without a final order and why it would take this long to get it... Unless the judge is still contemplating the decision.

          It is very long (months) for it take to get an order signed. Especially after a "lengthy trial".

          Comment


          • #6
            Yes it my experience the official document will take some time to finally be received from the court.

            Assuming you went though trial and a judgement was made, the Order has been made - and is official.

            So you could file a motion in court seeking compliance.

            Comment


            • #7
              I'm in Ontario, Mississauga (but have to use Brampton courthouse ... god help me) & our trial was Sept 6th (2 hrs total as it was SIMPLE, STUPID & I won) ... judge provided both of us with a typed "endorsement" ... rec'd the actual FINAL ORDER via mail on Sept 15th.

              It should NOT be taking this long .. Brampton courthouse is a JOKE and if they can get their "orders" out in less than 2 wks then I don't know what the hold up is with yours but it's NOT normal, IMO and I'd be making a trip to your courthouse to inquire ASAP.

              As to what you actually do if your ex has final order in his hand and still refuses to comply I've no advice ... you'd THINK that some people would have a brain but from experience ... sadly some don't (

              Best of luck

              Comment


              • #8
                I've waited up to 4 months for the Order to be transcribed and stamped.

                I guess it depends on where you are at.

                Either way - its an Order at that point - all parties should be complying.

                Comment


                • #9
                  In my experience FRO has enforced a hand written endorsement. When a judge makes an endorsement in my opinion it is "ordered". And I would go into the court house and get the information from the clerk. If you have a lawyer get them to get the information. When a judge makes an endorsement the terms are effectively immediately. I would possible see a motion to enforce as mentioned above if this does not get going.

                  Also, FRO may be trying to get the money but getting the runaround, have they outright refused? It also takes them a couple of months to get set up!

                  Comment


                  • #10
                    NBDad: I no longer have a lawyer after 10 years paying legal fees, with so many "final orders" with the other party not complying with the Orders, ending up having to go back to court to deal with the same issues time after time with another Judge writting another Order. I have been obtaining advise from the FLIC lawyers who have been extremely helpful.
                    The ex is asking for the OSAP information which I can't provide as I do not have it yet and no, the insurance company do not require this or the children's SIN as they deal with health care benefits only.
                    I contacted the company who informed me verbally and in writting the documents I provided are sufficient but cannot reinstate benefits as the "ex is the plan owner and following his directions, with the endorsement stating he is to reinstate benefits/issue drug cards.
                    I keep copies of the receipts. The insurance won't they tell me why they won't return the original receipts, since they won't process them? refusing to tell me if sent to the ex for him or spouse to claim on their income tax.

                    Taken and Dunnmom: the judge made a decision at the trial, hand writting the endorsement which has been drafted (typed) by the court, but needs approval from the Judge only and not the parties as written in the endorsement as we are both self represented with the ex known in delaying the process in the past in approving drafts to be made an Order, with FRO not being able to enforce C/S payments.
                    DunnMom: The trial Judge who is from Brampton retired but still has some cases, and communicates with court staff advising him when draft ready to be approved.

                    Mom2three: quote: "As for the OSAP stuff; it makes no difference about staff being on strike etc. Prior to the college even receiving the loan documents, your son/daughter would have been given a formal approval for funds; this would be sufficient. And yes, such a thing exists; got one right here in front of me"
                    <!-- / message -->-I have no idea what documents you are referring to as no formal approval for funds was given to either my children, until they were physically in school in September, having to make an appointment with the OSAP office where they provided their last paystub from summer employment, signed forms, providing their bank account number.
                    How can a student sign forms to have funds released before the College/University confirmed they are physically attending school? as some would get the funds and quite without even having started school as explained by an OSAP staff, making sense. And yes, with some post secondary school CANCELLING or REBOOKING OSAP appointments due to reduced staff, with very little form being processed.
                    Every school is different and know of a school where the staff processing the forms are from the National Loan office working at the registrar's office but every student who applied for OSAP have to attend a "mandatory OSAP session".
                    That is great to hear your obtained forms with money to be released as not all students have received such forms, and received funds. Same with the "verification letter" students had to apply with some schools charging a fee and some not. Some obtaing their letter faster than others with the process being different from one school to another.

                    anotherSTEPmother: FRO will NOT enforce a written endorsement or a draft as per told by the Judge at the trial and the case manager on the file at FRO as per their policy. I look back at some endorsement and it's difficult to read the hand writting. I can understand in a way why FRO won't enforce an Order. It does take time once they receive the Order and told by the court clerk that forms signed in Court by both parties are sent directly to FRO by the Court. In the meantime, FRO CANNOT enforce payments until they receive Order.

                    Wretchdotis:you are right, either way parties should be complying with endorsement/orders but not always the case.
                    -this is for another thread: "how does the Court make one comply with a Court Order". It is rare they fine someone and jail time is out of the question as explained as there is no C/S payments made. So what is the punishement?

                    Comment

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