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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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  #11  
Old 11-18-2021, 09:12 AM
Donald Duck Donald Duck is offline
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Thank you very much 007, very appreciated!!!
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  #12  
Old 12-14-2021, 05:26 PM
416excouple 416excouple is offline
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Quote:
Originally Posted by mafia007 View Post
Next step after the SC, unless there is still an item pending which could be heard at a motion, would be the trial.



At the end of the SC, if there is still no settlement, the judge should indicate if this can or should be resolute by way of a trial. If this is the case, he would normally direct your case on the Court Lists and request each party to file in a collaborative way the Trial Scheduling Endorsement Form by XX date.



Once this is done, the Court Registar will communicate the date of the trial and a Trial Conference will be held like 2 weeks before the actual trial. This is to see if there is still a potential of agreeing as a last resort.



Trials are held mostly 3 times a year; in January-February, May-June and Sept-Oct. Once you are on the Court Lists, allow at least 2-3 rounds before hoping to get a call from the Court Registar as they are way behind with the pandemic situation.



As I went through this as being self-represented at Trial in the Superior Court of Ottawa and the Appeal Court in Toronto, feel free to ask for more details concerning the process and the required documentation.



Best of luck with this.
When can a settlement conference (SC) be requested. I have a cross motion that I am awaiting the decision. Can SC be requested now or do I have wait for the decision? Also, the other party has 2 claims on their answer form, they have not requested a motion for this claims. I opposed both claims in my reply.
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  #13  
Old 12-15-2021, 10:42 AM
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Quote:
Originally Posted by 416excouple View Post
When can a settlement conference (SC) be requested. I have a cross motion that I am awaiting the decision. Can SC be requested now or do I have wait for the decision? Also, the other party has 2 claims on their answer form, they have not requested a motion for this claims. I opposed both claims in my reply.
You can request a SC at anytime when motions are not bringing solutions to your case. This has to keep moving forward. I remember in my case a judge having to call a SC at a motion when she realized that our multiple motions on access and custody were not going anywhere. Does your cross motion that you are awaiting a decision should be a show stopper to move forward? I don't think so. You won't get a date for a SC until the next 3-4 months so by the time, you'll get a decision and you will be ready to complete your SC brief. Worst case, you could only add that you are still awaiting a decision from a cross-motion that could have an impact on other matters still being addressed if needed.

Don't worry with the other claims the other party has on their answer form. It was up to them to move them forward. That is not your problem. If they know you were opposing them, it is greatly possible that they decided to drop them as it would cost to much to challenge them at court. Concentrate on your side with your claims. I had about 8 claims on my request for a motion to change and it went down to 3 after the SC. Now, even though the Trial Scheduling Endorsement Form was filed, another issue was just resolved bringing it to only 2 issues for the trial. You see, as it move forward and gets closer to trial, the other party feels the pressure to resolve the issues that would be hard to debate in court. Remember that costs could be awarded against an unreasonable litigant.

Move your case forward. Next step, get a date for a SC and serve and file those documents. Then work on your SC brief on your pending claims only. Do not bother on the other party's pending claims. If they don't bring it up, it's dead.

Last edited by mafia007; 12-15-2021 at 10:48 AM.
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Old 12-15-2021, 10:45 AM
416excouple 416excouple is offline
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Quote:
Originally Posted by mafia007 View Post
You can request a SC at anytime when motions are not bringing solutions to your case. This has to keep moving forward. I remember in my case a judge having to call a SC at a motion when she realized that our multiple motions on access and custody were not going anywhere. Does your cross motion that you are awaiting a decision should be a show stopper to move forward? I don't think so. You won't get a date for a SC until the next 3-4 months so by the time, you'll get a decision and you will be ready to complete your SC brief. Worst case, you could only add that you are still awaiting a decision from a cross-motion that could have an impact on other matters still being addressed if needed.



Don't worry with the other claims the other party has on their answer form. It was up to them to move them forward. That is not your problem. If they know you were opposing them, it is greatly possible that they decided to drop them as it would cost to much to challenge them at court. Concentrate on your side with your claims. I had about 8 claims on my request for a motion to change and it went down to 3 after the SC. Now, even though the Trial Scheduling Endorsement Form was filed, another issue was just resolved bringing it to only 2 issues for the trial. You see, at it move forward and get closer to trial, the other party feels the pressure to resolve the issues that would be hard to debate in court. Remember that costs could be awarded against an unreasonable litigant.



Move your case forward. Next step, get a date for a SC and serve and file those documents. Then work on your SC brief on your pending claims only. Do not bother on the other party's pending claims. If they don't bring it up, it's dead.
Thank you so much for this.
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  #15  
Old 12-15-2021, 10:53 AM
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You know the process on how to get a SC date? You must seek at least three next SC dates with the registrar and propose those dates to the other party. They should then choose one of those date in 24-48 hours or less.
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  #16  
Old 12-15-2021, 10:56 AM
416excouple 416excouple is offline
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Originally Posted by mafia007 View Post
You know the process on how to get a SC date? You must seek at least three next SC dates with the registrar and propose those dates to the other party. They should then choose one of those date in 24-48 hours or less.
ok.I need to request those 3 dates first? then propose it ? or the available dates published?
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  #17  
Old 12-15-2021, 12:21 PM
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I am not aware of "Published dates". Might be something new related to the pandemic to make it more easy for scheduling purposes.

That being said, you still need to propose at least 3 dates to the opposing party to choose from. I don't know if you need to contact the registrar to find out if the published dates are still available but if you are self-represented, I will give them a call to make sure.
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  #18  
Old 12-16-2021, 02:10 PM
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Quote:
Originally Posted by mafia007 View Post
I am not aware of "Published dates". Might be something new related to the pandemic to make it more easy for scheduling purposes.

That being said, you still need to propose at least 3 dates to the opposing party to choose from. I don't know if you need to contact the registrar to find out if the published dates are still available but if you are self-represented, I will give them a call to make sure.
SC booked. Let's move this forward
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  #19  
Old 12-16-2021, 05:24 PM
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SC booked. Let's move this forward
does form 17 ( notice of conference)require the signature of the party requesting conference? There is no where on the form to sign except for the signature of the clerk
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  #20  
Old 12-17-2021, 12:33 AM
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does form 17 ( notice of conference)require the signature of the party requesting conference? There is no where on the form to sign except for the signature of the clerk
Only signature of the clerk.
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