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The suit against FRO moves forward part1

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  • #16
    Quite the case!

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    • #17
      This is some great work. How much has it cost you to get to court?

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      • #18
        I expect to see this go straight to SCC. Director would have to appeal any decision in your favour merely to restrict the precedent. Appeal would go all the way to SCC before a positive outcome is likely.

        Director is covered as an employee, and you wanna bet there are 20 lawyers reviewing the fro act, administration acts relevant to public sector in province, etc.

        Tough part is, Director can claim to have been doing duty as they saw it. You have to prove duty of care breach.

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        • #19
          The facts of the final order on costs certainly help!

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          • #20
            Costs...

            As for costs to get into court, hard to put amount to that as this has been going on for so long. On my motion to vary I had gone self represented. When FRO moved this to a default hearingthat fell to the wayside as thier actions resulted in my being homeless for 8 months. I could not respond as was not informrd there was anything to respond to so the motion was dismissed. They then brought it to a default hearing and that logged about 1750 days from start to finish (4.75 yrs where I was in court on average 5-6 times per year) I was finally able to get alawyer to end the default hearing and that was about 8G. Have the same lawyer and well still counting. His costs I knew where I stood on that and see it as needed. So no complaint there. But as you can see there has been much investment in this and it is not always about money.

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            • #21
              As for the case going to the SCC I know it will be a long haul but would like to see that it would go there. As I said before it is not so much about the money as my need is greater to see that some laws and such are changed. Presently there is no equality to the way things are presently run and Payers have rights as well. I am not the only one who has a horror story about FRO and frankly it is more than time to change things. I am not begrudging support when needed but FRO and courts cant continue to put us in harms way when all we want is to properly end the support when it should be done.

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              • #22
                Your so right that it is not always about the money.

                I know a woman who's son was dragged through the MEP wringer here in Alberta.

                They arrested him 3 days after he started his new job. They said that he can't be fired because of their gaurnishment actions. They just let him go saying they did not have any work for him.

                He worked in the oil patch, but got hurt, and was not able to continue the hard labor he had done. Then the oil patch got slow. Not his support though.

                They let him out of jail, but a few months later they dragged him back to jail. He tried to get into court to adjust his support order, but of course there were delays. This time after they let him out of jail, he hung himself.

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                • #23
                  It is so unfortunate that these kinds of things occur. we here so many such stories. Equally unfortunate is that until some one shacks the system up nothing will change. Hoping at least that what we are doing will make a good dent as a start.

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                  • #24
                    Seems everyone concerned has been served Sept 22. Just got the confirmation. Wait now I guess to be told when the court date will be. AAL

                    This is excruciating.......

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                    • #25
                      Moving Forward

                      Well in seems that things are going ahead. Both the recipiant and FRO have both replied with thier Notice of Intent to Defend. Think it will be very interesting to see what they have to say in thier defence.

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                      • #26
                        good luck!

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                        • #27
                          Thank you, now we wait to be given the actual court date. Has a docket number, so expect that will be given soon. Just seems such a slow process when it comes to a civil suit. Guess to will be worth the wait. Just hope that all this will not be for nothing and that it will have an impact for everyone else that is dealing with FRO.

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                          • #28
                            Well the fun begins.
                            FRO has filed a motion to be stricken from our claim. Despite thier name no responsibility so it is being decided if this will be heard on the 12 or the 18th. From the past seems somewhat unlikely that they will get it. Our court is too small and the judges know the case. and they are tired of it.

                            We wait for the 60 days to pass and then about Dec 1 we can start ours. Under civil law mediation is mandatory for Toronto Ottawa and a third area. fortunately for us does not include us. Kinda hoping that we may bypass this as want to see this make it to court.

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                            • #29
                              Settling out of court does NOTHING for all the other people with FRO problems and not named in the suit. I know your main focus is on your family, I agree with that. But I really hope you kick their butt..in court!

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                              • #30
                                Due to the negligence, were you in fact awarded punitive and exemplary damages

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