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  • stopping proceedings

    I am the applicant on a process which we have a temporary order for. I have dropped my lawyer and now wish to stop this proceedings, is this possible without going to Trial?
    I am now self represented but unsure of how to proceed with a Trial and def can not afford a lawyer, I am already 16,000 in the debt with one and he got me NO WHERE!

  • #2
    Originally posted by concerneddad32 View Post
    I am the applicant on a process which we have a temporary order for. I have dropped my lawyer and now wish to stop this proceedings, is this possible without going to Trial?
    I am now self represented but unsure of how to proceed with a Trial and def can not afford a lawyer, I am already 16,000 in the debt with one and he got me NO WHERE!
    You can withdraw from the proceedings. In Ontario you would complete a "Form 12" and file it. Note that the party withrdawing from the proceeding by Rule is responsible for paying the other party's costs.

    See Family Law Rules 12: "Withdrawing, combining or splitting cases"

    http://www.ontario.ca/laws/regulation/990114

    12. (1) A party who does not want to continue with all or part of a case may withdraw all or part of the application, answer or reply by serving a notice of withdrawal (Form 12) on every other party and filing it. O. Reg. 114/99, r. 12 (1).
    But note:

    12.(3) A party who withdraws all or part of an application, answer or reply shall pay the costs of every other party in relation to the withdrawn application, answer, reply or part, up to the date of the withdrawal, unless the court orders or the parties agree otherwise. O. Reg. 114/99, r. 12 (3).
    Talk to a lawyer before proceeding. A temporary order is not FINAL. The other party can simply make an application and you will have to respond to their case.

    If you have come to a an agreement on a FINAL order I would recommend you integrate a clause that both parties shall bear their own costs and that the agreement is FINAL.

    Good Luck!
    Tayken

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