Who decides if case go to trial?

[lorlaman]

I have been to two court appearances; case conference and a motion for breach of court order and parental alienation which was retracted by the OP.

We still have not agreed on;

Custody of my two girls that live with me
Spousal support (temp order in place)
Property division
Pension division
OCL also involved.
Ongoing access since my kids do not want to see their mother
Child support; I receive $0
Section 7 expenses; I receive $0

We were common law and she has made a constructive trust claim against me for my pension and all family assets.

Who decides now if the case should go to trial? Neither of the two parties can afford to litigate much further. If we have to go to trial, it will be much worse financially.

[standing on the sidelines]

how long were you together for?
kind seems like you guys havent solved anything yet

[torontonian]

We haven't resolved much in our case too. After CC and SC, we are heading to another SC (Judge prefers extra SCs instead of TMC)... so you still have some road to travel on until trial

[Tayken]

We haven't resolved much in our case too. After CC and SC, we are heading to another SC (Judge prefers extra SCs instead of TMC)... so you still have some road to travel on until trial

2-3 year road on that path you are on.

The only way matters get thrown to trial fast is if children are removed from their primary residence, allegations of abuse that require cross examination of all parties involved and when a judge makes the decision for it to go to trial.

There are emergency lists in all the courts for matters to be moved to trial very fast to the next trial sitting but, you would have to have a motions judge probably do that.

Hurling allegations without any evidence other than paragraphs in an affidavit and irrelevant evidence to your allegations will get you on the fast track to trial.

Good Luck!
Tayken

[hadenough]

2 - 3 years is about right. I lost track of how many appearances were made in Court. It was seemingly endless.

Tayken: in your last sentence, did you mean...^^ "allegations *WON'T* get you on the fast track to trial."

[Tayken]

2 - 3 years is about right. I lost track of how many appearances were made in Court. It was seemingly endless.

Tayken: in your last sentence, did you mean...^^ "allegations *WON'T* get you on the fast track to trial."

They usually do. But, it depends on the jurisdiction. If you file in a Superior Court they will get you there fast. But, for people in smaller jurisdictions it won't typically.

It all depends on the allegation being made. If you say throw in some "Satanic Ritual Abuse" allegations against the other party it will see trial really fast.

Good Luck!
Tayken

[lorlaman]

how long were you together for?
kind seems like you guys havent solved anything yet

We were together common law for 25 years.

[torontonian]

"Satanic Ritual Abuse"
Thanks Tayken!! I'll put that on my next brief... I knew I was doing something wrong for our case to be so slow LOL!!

[lorlaman]

Ok, but ultimately, who decides if there is to be a trial? Since she has made constructive trust claims, can these be awarded or decided in motion court or should they go to trial?

[hadenough]

I often refer to my ex as Satan. I guess I should've said that out loud in Court. Maybe that would've helped. Dammit, I hate finding out all the secret passwords after the fact



I'm just taking a wild guess, but I'm thinking His/Her Honour decides if it's going to Trial.