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  • Lawyer Submits False Court Order

    I'd like to know what I could do about the following:

    I went to court on 30 July 2007 and I agreed to terms of settlement proposed by the Applicant and a Court Order was issued on that day based on the draft Final Minutes of Settlement. The Court ordered the Applicant's lawyer to finish the Final Draft and submit it to the Court at a later date.

    In November 2007, the Applicant's laywer sent me the Final Draft of the Court Order and I noticed that the numbering had changed, but it looked to be the same otherwise. I signed it and sent it back.

    In December 2007, I received a letter from the Family Responsibility Office indicating that I was in the arrears for payment. I was stunned because I had been paying as agreed in the settlement. I found that the Applicant was claiming an extra +$2500! I re-read the Final Draft of the Court order that the Applicant's lawyer had sent me and I noticed that she had changed one line in the agreement, and I hadn't noticed it before because the difference was so slight! The lawyer tricked me!!

    I immediately contact the Court and they told me that the Final Draft submitted by the Applicant's lawyer would not be accepted and that she would have to do it over. However, they said that they would not contact the FRO to change the payments! So, I still have to pay even though it's based on a fraudulent order!

    So, I sent a letter to the Court, the FRO and the Law Society of Upper Canada about this with the appropriate supporting documentation, but what else can I do? How is it possible for someone to do this even though everyone knows it's wrong and illegal?

    Any advice?

  • #2
    Beaudoin,


    as you mentioned:

    So, I sent a letter to the Court, the FRO and the Law Society of Upper Canada about this with the appropriate supporting documentation, but what else can I do? How is it possible for someone to do this even though everyone knows it's wrong and illegal?
    You could always bring forth a motion to have the fraudulent order squashed.

    lv

    Comment


    • #3
      Just to bring you up to speed with what happened in this case. (see below for context)

      I made a complain to the Law Society of Upper Canada about my ex's lawyer changing our court order. I sent in the changed court order as evidence, as well and the false Statement of Arrears that was based on the false court order.

      They made a ruling against me (naturally) and indicated that I did not provide any evidence that her lawyer did so intentionally, and they dismissed it as a typographical error. The investigator at one point states:

      ...I am mindful that the Rules do not require lawyers to attain a standard of perfection in their actions.
      I wonder if I could use that argument the next time I get a traffic ticket?

      Anyway, I'm letting it go. I wasn't surprised by the outcome. After all, it's a self governing body.

      Comment


      • #4
        It seems to be that the whole point should be to get the lawyer to fix his/her mistake. If you still have the minutes of settlement, send a copy of that and the court order to the lawyer and request that they draw up a new consent order based on the minutes of settlement.

        Unless there is compelling evidence that it was done deliberately, it's best to assume it was a mistake. It would be stupid of the lawyer to deliberately attempt to change the order.

        Comment


        • #5
          No way! It's not that simple. I know that people make mistakes, and if it was simply a typographical error, I would understand. Had it been only the court order that was changed, I would have assumed that it was an honest mistake. But, in this case, they sent in a Statement of Arrears based on the false court order, and they tried to get me to pay thousands of dollars sooner than what was agreed. It was a nightmare.

          It's been fixed. It took me a month and a half to do it though. The point is not just to fix it. I got no apology, no compensation for the time that I spent off work trying to fix it, etc. Why is that? Where is the justice in that?

          Comment


          • #6
            Originally posted by Beaudoin View Post
            No way! It's not that simple. I know that people make mistakes, and if it was simply a typographical error, I would understand. Had it been only the court order that was changed, I would have assumed that it was an honest mistake. But, in this case, they sent in a Statement of Arrears based on the false court order, and they tried to get me to pay thousands of dollars sooner than what was agreed. It was a nightmare.

            It's been fixed. It took me a month and a half to do it though. The point is not just to fix it. I got no apology, no compensation for the time that I spent off work trying to fix it, etc. Why is that? Where is the justice in that?
            If the lawyer did it intentionally, you can bet that he planned a way out in case you called him on it, and it probably wasn't the first or last time he's done it. Of course it's not just. Good luck trying to bring him to task, but you're fighting on his turf if you do try, the odds are against you.

            All that said, I may be trying to do the same thing in response to an injustice perpetrated by my ex's lawyer. I'll post if I puruse it.

            Comment


            • #7
              You're right. I'm not under any illusions that I'd have any chance of successfully winning any case against the lawyer, and to be honest, when I made the complain to the Law Society of Upper Canada, I knew I had very little chance of a win. My only consolation is that the lawyer had to make a concerted effort to defend against the allegations. In that respect, it wasn't a total loss.

              I think the only time injustices are ever taken seriously is if there is gross misconduct (because they couldn't outright ignore it, and in doing so, it could bring far greater problems for them), or when there is sufficient media exposure to publicize it. The fact is, lawyers can act with virtual impunity because of their superior knowledge of procedures and of the application of the law.

              Comment


              • #8
                I simapathize with both of you. It can be a tough battle against these kinds of odds. My spouse has been going through many and more similar situations. FRO acts like they can do as they please. To give many here hope there is change coming. We have recently had a major victory over FRO. and well we got the same response from LSUC. This story is enormous and the ramifications that it will have to divorce law. Please keep an eye out for posts from me starting in Feb.
                My advice for anyone dealing with them is to remain entirely truethful... consistant. You have to firmly stand your ground. It can take what may seem like forever. Us, it was six years but it did happen. I know too it is not always an easy task.
                Sorry if I come off like I am tooting my own horn but we hope what we are doing will make positive change to alot of people.

                Comment


                • #9
                  AtALoss: ... thank you! Encouragement is always needed.

                  Comment


                  • #10
                    I am curious. If you paid too much to your ex, and it was clearly not what the court ordered, did you discuss it with your ex, what did you say, and what was their response?

                    Comment


                    • #11
                      Well, I called the FRO and I spoke to a representative there, and they gave me a name to write to at the FRO (some supervisor) and tell them of my situation. I did that, but I never received a response. So, I never paid what the FRO originally wanted me to pay because it was based on a fraudulent claim. The FRO can only enforce a valid court order. I never received any response from the FRO on this issue, but at the same time, I never received warning that I had to pay what they were claiming.

                      As for my ex, she simply claims ignorance; that the legal intricacies were beyond her. (Obvious scapegoating of responsibility.)

                      There are so many problems with Family Law (FL) that I'm left in a state of shock by the state of it. It's like I'm looking at a colossal train wreck, but everyone else who isn't directly affected by it are walking around the wreck without noticing. Even those people who are in a position of power and with high academic credentials acknowledge it's glaring faults and inequities, yet they make no effort to do anything about it. I don't work in the FL industry, so I'm not able to understand the inertia inherent in the system, nor can I understand the public's indifference to it. Although I may be a bit cynical, I'm left with a deep seeded impression that the economic portion of the equation is the key element that leaves FL in it's broken state.

                      I once read that inertia and lies are the two key components of what is considered to be the definition of true evil (Dr. M. Scott Peck describes evil that way). I don't mean this to be a rant, but it needs to be said because it's hurting the one thing that people hold most dear: our children and families as a whole.

                      Comment


                      • #12
                        Originally posted by Beaudoin View Post
                        Well, I called the FRO and I spoke to a representative there, and they gave me a name to write to at the FRO (some supervisor) and tell them of my situation. I did that, but I never received a response. So, I never paid what the FRO originally wanted me to pay because it was based on a fraudulent claim. The FRO can only enforce a valid court order. I never received any response from the FRO on this issue, but at the same time, I never received warning that I had to pay what they were claiming.

                        As for my ex, she simply claims ignorance; that the legal intricacies were beyond her. (Obvious scapegoating of responsibility.)

                        There are so many problems with Family Law (FL) that I'm left in a state of shock by the state of it. It's like I'm looking at a colossal train wreck, but everyone else who isn't directly affected by it are walking around the wreck without noticing. Even those people who are in a position of power and with high academic credentials acknowledge it's glaring faults and inequities, yet they make no effort to do anything about it. I don't work in the FL industry, so I'm not able to understand the inertia inherent in the system, nor can I understand the public's indifference to it. Although I may be a bit cynical, I'm left with a deep seeded impression that the economic portion of the equation is the key element that leaves FL in it's broken state.

                        I once read that inertia and lies are the two key components of what is considered to be the definition of true evil (Dr. M. Scott Peck describes evil that way). I don't mean this to be a rant, but it needs to be said because it's hurting the one thing that people hold most dear: our children and families as a whole.
                        You have hit the preverbal nail right on the head.
                        Your analogy is excellent, like someone took a track off along the line, the trains keep getting derailed ever time there is a divorce, but those in a position to fix the problem don’t notices that all it takes is to put a "new" rail back on the line for it to run properly.

                        Comment

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