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  • #16
    My 14B requesting an extension of time was served and filed a couple of weeks ago. She responded with an affidavit by her assistant basically saying that she had emailed me to tell me she wanted my material by March 16. I replied to her that I would prefer to first have clarification from the Court on the procedures that don't seem to have been followed and an explanation as to why I should have to complete my materials months ahead before committing to a date to serve her. My deadline should be May 14 for the May 29 Motion date.

    I received an email from her Sunday evening. Weird that she emailed on a Sunday? The email says that she wants my materials immediately or she'll file a motion for breaching a court order and with that Motion she'll request that my Motion to Change be dismissed.

    The judge wasn't back in our courthouse until yesterday. There had been no judge here since the end of February. I'm sure she knew when he was coming back if I knew.

    I'm still waiting to hear about the judge's decision regarding my 14B for an extension.

    Can she file a motion for breaching the Order when I've already filed a Motion to request more time on the Order that I breached and we're still waiting for a decision on my Motion?

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    • #17
      Well, I got my extension. I have until March 31st. I'm sure the lawyer isn't happy about it.

      Now to figure out how to get it finished and perfect with a chatty 4 year old home from school? I have a feeling I won't be getting much sleep but that comes with being a mommy and it's all worth it in the end.

      If anyone has any advice to give me as to dos and don'ts for my affidavit in response yo the motion for summary judgement I sure could use it!

      Presenting all of my evidence without having it be too much is where I'm struggling the most.

      They have pages of notes on access visits and phone calls and almost every single one is the complete opposite of what happened and I have photos of a lot of the visits as proof....any suggestions on how to present that without having pages and pages?

      I also want to use past affidavits from before the final order was made in 2012 to show contradictory statements and discredit almost everyone they've had submit affidavits this time. Do I need to attach the whole affidavit?

      They haven't really provided any type of evidence besides their stories. They've submitted about 500 pages of text message screenshots and left out any texts that would make them look bad and twisted things I said. I have most of the missing texts in my evidence though.

      Besides that it's basically been them picking out sentences from various documents like cas reports and the ocl and twisting them. Then there's my girls saying they want nothing to do with me or their brother and sister or anyone else in my family...I'm hoping that my evidence can prove that their words have been influenced and aren't their own.

      I have everything together and typed out but struggling on how to present it in a eay that's not too lengthy and is easy to follow and make it so clear that there's no way the judge can't see the truth.

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      • #18
        You might want to look up cases on canlii that involved summary judgement. In many decisions judges cute case law on why they do or do not find in favour of summary judgement. It may help you develop your arguments against summary judgement.

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        • #19
          Is your courthouse still open with the covid19 pandemic?

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          • #20
            https://www.ontariocourts.ca/
            Not clear

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            • #21
              Originally posted by Helpmyspouse View Post
              Is your courthouse still open with the covid19 pandemic?
              They are still open but counter services are only between 10-12 and 2-4

              i'm assuming they'll be following what it says at: https://www.ontariocourts.ca/scj/cov...uspension-fam/

              "For regular filings, that are not urgent as defined below, the Ministry of the Attorney General advises that courthouses will remain open. Those filings may continue to occur at courthouses. However, where procedural rules or court orders require the regular filing of documents during this emergency period, and it becomes impossible to file at the courthouse or the courthouse is believed to be unsafe, parties can expect the Court to grant extensions of time once the Court’s normal operations resume. Parties must still comply with orders/rules requiring the service or delivery of documents as between parties."

              Then again, our courthouse seems to do whatever they feel like so who know!

              Either way, I still have to serve her by March 31. Our scheduled hearing isn't until May 29th. I'm hoping that doesn't get adjourned because this needs to be done. My girls need to be out of that situation and in therapy. This has also affected my youngest daughter a lot. She cries daily for her sisters. The visits were going amazingly well and everyone was bonding from January until July last year before they supposedly decided on their own that they want nothing to do with anyone on my side. Our last visit was one of the best ones ever. Thankfully I have photos of a lot of those visits and witnesses as well.

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              • #22
                Here's another question...and yes, I do search for the answer before asking ahahaha

                What is "order to go" in the endorsement from my 14B Motion requesting an extension? Do I need to prepare a Draft Order? or is it just left as an endorsement? I'm confused as I have endorsements from when I had a lawyer but no Order to go with them and then I have endorsements that have matching Orders.

                The Rules say: (3) If the party in whose favour an order is made does not have a lawyer or does not prepare a draft order within 10 days after the order is made, any other party may prepare the draft order, unless the court orders otherwise.

                What happens if neither party prepares a draft order?

                Comment

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