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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #11  
Old 12-15-2011, 09:14 PM
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hadenough hadenough is offline
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Ddoll you are right. Duty Counsel is not legal aid. Anyone can speak to them, you just have to get to the court house early, put your name on the list and wait your turn. If you're the type that wants to rep yourself (bad idea) they have DC avail to go into court w/you as well for the preliminary stuff. Thing is, you will get a different DC every time but certainly to go and ask Duty Counsel some pointed questions (direction w/filling out necessary forms/affadavits etc,) regarding your matter is not a bad idea at all. Also correct: a lawyer that advises you in DC cannot be retained by you. CanLii is a great source but I believe it is only Superior Court Matters on CanLii, not Provincial Court Judgments.
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Old 12-15-2011, 09:54 PM
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point about provincial vs superior court judgements - i know there is a difference but how do you tell which is which. Like i believed as soon as you had a contested divorce you move up to superior level?? Can you explain that better?
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Old 12-15-2011, 10:03 PM
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The Provincial Court level deals with 3 issues. *Custody, *Access and *Support. It does not deal with equalization/property/matrimonial home etc. There are other differences between the two but the one thing I am certain of is the 3 issues. Also there is a small fee (at least in Ontario) when you commence a Superior Court Application (I believe it's $150-$200). For Provincial Court, no application fees are required.
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Old 12-15-2011, 10:06 PM
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DD; Appeals of any kind are in Appeal Court where the applicant becomes the Appellant, and that is in Superior Court, regardless of which level of Court the matter being appealed was in.
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Old 12-15-2011, 10:18 PM
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ok now what if a case is mixed, say with support which falls under Provincial (which I heard is a cheaper system to get thru - why I do not know because I thought lawyer fees is what kills everything) so....

You have a spousal support issue and a contested property (a whole truck load in our case!) issue which in our case will encompass nearly every line item I will have in my "sorry 13 B?". This is what I work on now and for the many who follow my IMHO disaster! one of the reasons it is taking so long is to prove "to her" that the numbers do not lie and sadly my brain is just not working right - so everything takes 10 times longer to get done. Wow! That is just like my physical issues that have slowed me down so much as well (But the brain not clicking has proven to be much harder to deal with and I am begining to come to the conclusion is why we are here now. But I am straying off topic so again.....

With split cases does it all go to the higher or do you face two trials. First handling the provoncial level issues and once resolved you then must move onto the Federal sorry Superior Court?

Last edited by ddol1; 12-15-2011 at 10:23 PM.
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Old 12-15-2011, 10:23 PM
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I'm no expert: but I would think your matter is one that would be heard in Superior Court. One Trial.
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Old 12-15-2011, 10:33 PM
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thankyou I hadenough........... already and I have barely scratched the surface yet! You cleared up a mystery of sorts for me.

Seriously I do love your handle - it says it all for many!

ddol1
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Old 12-15-2011, 11:04 PM
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great advice,
thank you all for the sound reasoning. I will call my union rep and hopefully she will assist me with approaching my manager/HR.

I have asked in email twice and verbally several times to arrange to get my stuff back: some of it he took when he moved out and others he has in a garage where we stored stuff when we began cohabitating. It contains jewellery, kitchen and bedroom stuff, miscellaneous items. Some of it was from my mother, who passed away last summer. He knows how important it is to me. Only he has the keys and it is on a property in his name= he has told me I will be arrested if I go there.

As far as the kids go, I know I should call CAS, but am very concerned that I will be in trouble for not reporting sooner. In fact, the breakup occured during the court case for his kids" custody and access case. I did not disclose any of the problems to the OCL. THat is mainly why he is blackmailing me...he had criminal harassment conviction against his ex wife and is worried about losing his kids.

He has been great with one of my children but my 17 year old (who is in the habit of arguing back, but not too much) he could not get along with. My ex had difficulty because he demands absolute and instantaneous obedience from kids. He also does not consider homework or any academic pursuits as important as my son (who is planning to attend medical school). It came to my attention the week he left that he even told my son he would "kick the shit out of you and if you tell your mother, I will make sure you are homelss". THe police were called as he eventually hit my son when he would not change the tv channel.

Anyway, this morning we went out to the car, my sons car had all the hubcaps taken and there is brakeline fluid on the ground. THis after my ex found out I was dating someone and said he never wants to see me again. \This could be coincedence but after knowing that he followed his ex wife and putting a GPS tracker on her car and taping phone calls, I am suspicious. He always tell us that he could make her death look like an accident and he could kill her with no second thoughts.

So, my family feels that he is very controlling and are worried about his actions. I have no proof, so feel the police will not take me seriously. I do have phone messages saying things like "I have called you six times today. Carry your cell and answer it when I call". I am not just a bitter ex, only a scared and frustrated one.

I think I just want to walk away and forget all of this, except my personal stuff. He will be very pissed if I try to maintain contact with his kids.
  #19  
Old 12-16-2011, 06:59 PM
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Update:

called police. they need a court order to get my belongings back or sue him.

the first officer felt that he could be charged with criminal harassment if he threatens to call my work, but another disagreed.

the police spoke with my ex and asked if he would agree to a time to get at least my personal belongings. He told them he would contact me on Monday.
After the police left, the ex called me and said "you had better stop accusing me" or I will get legal counsel and have you charged.
  #20  
Old 12-19-2011, 10:44 AM
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Sounds like a real piece of work. Hold the car in his name as collateral. Lock in in the garage and make sure noone has the keys to it but you.

After it's been there 31 days, I believe you can file to have it declared abandoned and have it transferred to your name.

In regards to your son's car. Either start locking it somewhere, OR get a cheap video surveillance setup to protect yourself. The police can't do anything without proof...a video tape showing him tampering with it would be proof.
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