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ottawaparent · #1 10-28-2021, 08:37 PM

I was the moving party for an expanded access motion on parenting. It's been 2 weeks now and the judge has not released their decision. Is this delay a determinant of success /failure of the motion? My expectation was that I would know what the judge decide right after the motion (obviously that did not happen)

Brampton33 · #2 10-28-2021, 09:06 PM

When judges don’t make a decision on the spot, it is referred to as a judge “reserving the decision”. Judges often reserve making their decision on the spot because they want go over their notes, give further consideration to the evidence presented, and go over case law of similar cases before rendering a decision.

Jeff · #3 10-28-2021, 10:03 PM

If your case has anything complex about it, this is normal.

ottawaparent · #4 10-29-2021, 04:07 PM

Thanks @Brampton33 and @Jeff. when you say 'go over their notes' that would be the notes taken by the judge during our speeches at the motion? Are the affidavits and form 35.1 of less weight? Reason I asked was that my lawyer was not a good orator at the motion, he even chose to not file all my exhibits saying the affidavit (less than xx pages) itself are evidence. Just worried as the other party filed over xxx pages exhibit (xxx + xx in all plus their affidavit) as against less than xx we filed and now the judge is taking their time to go through everything

rockscan · #5 10-29-2021, 04:58 PM

Quote:

Originally Posted by ottawaparent

Thanks @Brampton33 and @Jeff. when you say 'go over their notes' that would be the notes taken by the judge during our speeches at the motion? Are the affidavits and form 35.1 of less weight? Reason I asked was that my lawyer was not a good orator at the motion, he even chose to not file all my exhibits saying the affidavit (less than xx pages) itself are evidence. Just worried as the other party filed over xxx pages exhibit (xxx + xx in all plus their affidavit) as against less than xx we filed and now the judge is taking their time to go through everything

Length of documents isn�t always a win. My husband�s ex filed about 60 pages of receipts, doctors notes, emails and screen shots. My husband filed three attachments. He won the motion.

ottawaparent · #6 10-30-2021, 11:19 AM

Good to hear that @rockscan. I was thinking to my self too whether it was their tactic to overwhelm the judge with exhibits to gain advantage but again these judges have probably seen this kind of tactics before.

I have another question, given this is a motion is there any timeframe for the decision. I just yesterday found out about canlii, saw some motions that was heard but the date the decision were dated was about 3 -5 months apart. Aren't motions suppose to provide 'relief' ? Taking long period to give decisions seems to defeat the purpose? What are your experiences with this? or maybe it is just the cases that I am seeing on canlii

ottawaparent · #7 11-15-2021, 07:50 PM

Quote:

Originally Posted by ottawaparent

Good to hear that @rockscan. I was thinking to my self too whether it was their tactic to overwhelm the judge with exhibits to gain advantage but again these judges have probably seen this kind of tactics before.

I have another question, given this is a motion is there any timeframe for the decision. I just yesterday found out about canlii, saw some motions that was heard but the date the decision were dated was about 3 -5 months apart. Aren't motions suppose to provide 'relief' ? Taking long period to give decisions seems to defeat the purpose? What are your experiences with this? or maybe it is just the cases that I am seeing on canlii

anyone on average timeline on motion decisions that are reserved?

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Kkc · #8 11-16-2021, 12:05 PM

Could just be judge is taking the time to get it right

In my emergency motion during covid where my daughter was withheld, it was an honest slam dunk. We basically used her own text messages to bury her...

she basically would demand money or she would not faciliate access..in text messages

the judge took about 2 weeks and it was epically well written. That was an emergency motion and was soooo clear cut. If this one has complexity and different consideration and judges are human and judges have big caseloads...

i honestly feel for you..the wait sucks big time

mafia007 · #9 11-16-2021, 01:56 PM

Taking a month or two before a decision is rendered is normal if the court is very busy and also, with the pandemic, they are so behind schedule.

I had my 3 days trial in sept 2017 and the decision came only at the end of december.

Yes, the wait sucks big time.

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