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  • Avoiding an Uncontested Trial

    I have an Uncontested Trial scheduled for 19 July 2010 in Ottawa. My Ex spouse basically ignored the first two appearances has not filed any of the required documentation.

    Is there anyway she can stop this Uncontested Trial?

    I think she is realizing she made a mistake and has sought counsel to assist her. I will not withdraw, as it has been a long road to trying to get child support. If I do withdraw, I can say goodbye to any support at all.

    Thanks.

  • #2
    Originally posted by Kenny View Post
    I have an Uncontested Trial scheduled for 19 July 2010 in Ottawa. My Ex spouse basically ignored the first two appearances has not filed any of the required documentation.

    Is there anyway she can stop this Uncontested Trial?

    I think she is realizing she made a mistake and has sought counsel to assist her. I will not withdraw, as it has been a long road to trying to get child support. If I do withdraw, I can say goodbye to any support at all.

    Thanks.

    The crap I've seen done in these courtroom, especially from the mother, all she would have to do is show up that day! Or if you think her lawyer is now involved, I think there is a good chance she might show, just be prepared.

    At a trail hearing, council was supposed to submitted his written cost submissions prior to hearing, within the time guild-lines, he did not, in fact he entered them that day (trial), the judge accepted.

    Just be cautious.

    Comment


    • #3
      They just may show on date of hearing and contest. An adjournment may be granted for service/filing of their docs etc.

      Anything can happen...watch the curves along the way.

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      • #4
        Thanks for the advice, particularly to be cautious. 10 minutes after the filing deadline, the court office received a faxed Motion "without notice" claiming "improper service." Based on this, the court canceled the Uncontested Trial set five working days later. The process has been set back to the Case Conference stage for the Fall.

        Curves and fastballs for sure.

        Comment


        • #5
          Originally posted by Kenny View Post
          Thanks for the advice, particularly to be cautious. 10 minutes after the filing deadline, the court office received a faxed Motion "without notice" claiming "improper service." Based on this, the court canceled the Uncontested Trial set five working days later. The process has been set back to the Case Conference stage for the Fall.

          Curves and fastballs for sure.
          Yeah - call this an extension or delay tactic... Not much you can do but go with the flow. It does give you time to consider your material further. Don't forget about "Reply" option if they drop an "Answer" on you with respect to your "Application."

          Comment

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