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  • Settlement Conference went on without me

    I filed all my papers and a request for a contested adjournment with a legitimate Doctors note requesting a hiatus from court proceedings until my health improved to the point where I could proceed with an agreed upon time for a Settlement Conference.

    The result..The Judge received evidence and heard submissions from the Applicant and now the Court has ordered the matter to be put over one more time for a Trial Management Conference at the end of next month. It is a temporary order processed 10 days ago on the date of the hearing.

    What can I do now? The court ignored my Doctor's note and request for a contested adjournment. They did not even acknowledge my submissions.

    Does the ruling on the 20th by the Supreme court benefit me in any way as her departure put me in a state that progressed my disabilities at a much faster rate making me change jobs and seek early retirement.

    I am financially ruined as well and trying to save up for the only medical procedure that will bring me any relief.

    Thanks again for all the help, it has helped me be objective in a very emotionally draining and physically stressful experience.

    THANKS,
    mcbroke (n)

  • #2
    Mcbroke,

    Were you in attendance at the settlement conference. Do you know what was said. If not, you could get a transcript.

    The next step is a trial managment conference. You could also bring up your health matters at that point in time. Don't forget to get the requested disclosure of the bf.

    Comment


    • #3
      Thanks LV

      I will go to the court and request a copy of the transcript as I was unable to attend and let you know the details.


      The Judge that issued the order is involved in another situation concerning a brother of my mine who has abused my mother financially. The Judge knows my brother in a working relationship. Will this create a problem in the trial management conference?


      Thanks again LV
      McBroke

      Comment


      • #4
        Mcbroke,

        generally they have Judges rotated. You should have a different Judge for the trial management conference.

        A Judge that heards the trial management conference shall not hear the trial.

        It is wise to request a copy of the last settlement conference transcript.
        You really don't know what was said if you were not there. Make an inquiry with the Registrar. There will be a small fee.

        Take a look at the trial management form also. This is a time to request your disclosure. You can also ask right now formally by way off letter. If they refuse to co-operate, then bring the matter up for disclosure at the next conference.

        lv

        Comment


        • #5
          Thank you LogicalVelocity

          At the trial management conference can I still do a financial examination, after I have requested the corrections?

          My ex wife carried on her flirtatious behaviour in front of my youngest son and neighbours even in front of our house near the end of our marriage with her current common law partner, should this be mentioned somewhere?

          Thanks LV

          Comment


          • #6
            McBroke,

            You should be requesting the necessary financial information now from her lawyer. Irf they fail to co-operate and provide same, you can ask for it at the trial managament conference or you can bring forth a motion.

            Also remember the powerful tool to use wisely, "Request to Admit"


            My ex wife carried on her flirtatious behaviour in front of my youngest son and neighbours even in front of our house near the end of our marriage with her current common law partner, should this be mentioned somewhere?

            Your ex's behavior is irrelevant; focus on the real issues.

            lv

            Comment


            • #7
              Thank you LV

              I will try to maintain my objectivity LV. Thank you very much. Is the request to admit evidence that I know about and have proof for (ie cohabitation) or for things I suspect and want her to admit to. Thanks again LV and Happy Canada Day !

              Comment


              • #8
                Mcbroke,

                it would be nice to have an admittance on paper, and proof to the contrary. Credibility is everything in family law matters.

                The purpose of request to admit it a tool to clarify facts. Remember not to abuse this tool. Only ask relevant questions relating to the facts. In your questioning, leave no room for evasive answers. I suspect it would be perfect timing right about now for a request to admit. Call it a curve ball if you will.

                lv

                Comment


                • #9
                  Thank you Logicalvelocity

                  I will advise you as to the transcript when I get a copy and prepare my "hail mary".

                  Thank you so much
                  McBroke

                  Comment


                  • #10
                    Transcript requested

                    Well I've requested the Settlement conference transcript, I filled out the form and I was advised that it may take a week or two, I stressed urgency when I filled out the form.

                    I will submit my Request to admit tomorrow

                    One more thing.... Is there any benefit to using Interrogatories (Queen's Bench Rule 35) and what is the Master's Uncontested List?

                    Thanks again
                    Mcbroke but trying my best with your help

                    Comment


                    • #11
                      Mcbroke,

                      One more thing.... Is there any benefit to using Interrogatories (Queen's Bench Rule 35) and what is the Master's Uncontested List?

                      I believe the request to admit form 22 will suffice. The other party shall respond to this form within 20 days once served and filled.

                      Remember to serve a blank form 22a with your request to admit

                      Restrain your questions to relevant facts pertaining to the case.

                      lv

                      Comment


                      • #12
                        Thank you LV

                        I've submitted my request: including statements that she knew my career would be restricted and shortened with her departure, the years and locations where she resided with her common-law partner,that her lease extends into 2007, that she has not provided a residence or support for her children, that she did not notify any financial institutions of her whereabouts or intent to provide payment and also that her common-law partner pays 50% of her living expenses, and a list of known benefits that would equate to about 5-6,000/yr that were undeclared (food,clothing,dinners,cell phone, work clothes).
                        In essence, I wished to show that she was aware of my disabilities and the limitations her departure imposed on me, her common-law situation, her self-sufiiciency, my lack of means and her lack of needs. Undeclared benefits (I have a copy of benefits that her workplace provides) or income if you will.
                        I have evidence for every statement made, it would just paint the picture for the court nicely if she denies or accepts these statements.

                        There was a lot more I wish I could write, but all that I did write seemed objective and meant to support an issue, or reduce her credibility (ie if she says yes or no to the facts before her. I will let you know when I get a transcript.

                        PS When is The interrogatory used?

                        Thanks LV
                        MCbroke




                        Thanks LV

                        Comment


                        • #13
                          Court would not provide transcript...

                          I went to the Superior Court office,they directed me to the Ontario Court where records are stored. The gentleman had me fill out a request. Then I received a call from the gentleman that prepares the transcripts and said that the settlement conference transcripts are only available to the judge.

                          I informed him that I was the respondent and was unable to attend the conference and it was important that I get the transcript. I was told it was unavailable to me.


                          So I ....called the Ministry of the Attorney General and they gave me the phone number of the Court Manager, she was not in today so I will be calling her tomorrow, but I don't think it will go anywhere.


                          Any Suggestions?

                          Thanks again
                          Mcbroke

                          Comment


                          • #14
                            Mcbroke,

                            I would wait to you speak to the registrar tomorrow. If you are unable to receive the transcript, then make sure you get a copy of the Judge's endorsement for the held case conference.

                            I would ask the registrar why the transcript is unavailable and under what rule or regulation. These are court records and generally open to the public unless a publication ban is ordered.

                            lv

                            Comment

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