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| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
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#1
10-31-2019, 12:43 PM
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Never ending—>time for summary judgement?
My apologies for those of you who have been in this for longer than three years.
I want to poll the room... Many of you know my husband’s story. Issue is child support and section 7. The agreement they have is crystal clear on these. Despite it and the legal jurisprudence, the ex insists she is entitled to whatever she deems is “fair” and that the kids should not pay for school. They have been through a conference and motion, both of which saw her being told she was way (way way way) off base in what she thinks is right. The judge even went so far as to tell them this does not require a trial and the numbers speak for themselves. My husband has made two EXTREMELY reasonable offers to settle and his lawyer has also provided a wealth of case law demonstrating where the argument is coming from. The ex was self repping but got a lawyer who agrees almost entirely with her position. They are now headed to an SC which I highly doubt will achieve anything. I did ask his lawyer about a motion for summary judgement and he thinks it’s too high a leap. Based on what I have read on summary judgement on canlii it is pretty straightforward on the “does not require a trial” aspect. There are no witnesses to call, nothing else that can be presented. This is totally a “please order the calculation” situation for a judge. The judge at their motion even said that the SC judge will help them with the two issues—kids portion and what is eligible s7. Based on all this, do you think a summary judgement motion should be done? My husband wants this stupidity to end but doesn’t think writing a cheque for $50,000 is right (right now the calculations show he owes less than $3,000). 
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#2
10-31-2019, 01:28 PM
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#3
10-31-2019, 01:46 PM
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I mention it because she delayed the matter to get counsel. The lawyer sent over his thoughts on the matter which was not even law. The judge had made a comment about how having a lawyer would help her understand her entitlements but obviously it has done nothing.
This whole thing is a waste of time and money. It has nothing to do with custody or access. They already had two judges outline what is and isn’t an expense and how it is calculated. My husband’s offer was sweeter than the law and their agreement combined. Either the ex doesn’t understand the law or she simply refuses to accept it. I don’t understand how to avoid an unnecessary and expensive trial.
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#4
10-31-2019, 02:55 PM
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I would think the prep work required for a summary judgement is a lot? I'm not sure.
Could you ask your lawyer what is involved and what is the approximate amount required to prepare and attend such a motion? Then what happens if you lose? What are the chances of partial indemnity of her costs? I'd maybe be going through a cost benefit and analysis of this situation to see if it's worth the $$$.
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#5
10-31-2019, 03:09 PM
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Thanks for that. Maybe thats why lawyer said not worth it. I guess we will have a better idea of this after the sc and when we see her materials. I really do not understand why she pursues this. She’s been told by two judges that she was wrong. I just worry that the third one will tell her the same and she won’t accept it!
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