Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 11-28-2010, 09:06 PM
CycleDad CycleDad is offline
Senior Member
 
Join Date: Nov 2010
Location: Ontario
Posts: 199
CycleDad is on a distinguished road
Default Introducing new material that will show the otherside is playing games

HI there,

I am self representing and I need some advice. I have a computer backup that had data on it that will prove that my ex is downplaying the value of her business. I was in charge of the computer equipment and backups for her business when we were together and of course I still remember the passwords. This evidence will totally change the trial situation.

I have no idea how to introduce this evidence to the other side or the judge. I'm afraid of the other side trying to get this evidence excluded.

I have to speak to the judge Monday about if I am ready to proceed to trial or if I need an adjournment.

Any suggestions?
thank you.

CD
  #2  
Old 11-28-2010, 09:24 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Write an affidavit where you swear that "such and such" information is true and indicate that you had access to this information while you were responsible for IT for her business. (Just make a vague statement "responsible for IT".) You do want to indicate that you had ordinary access to the information so that there is no question of invasion of privacy or illegally obtaining the data.

At the back of the affidavit write a summary of the financial data for the period of time. I am imagining that the data is pages and pages of spreadsheets, so you want to do a summary of monthly totals that hopefully fits on one or two pages.

At the back of this attach at least several sheets that will back up your summary. Depending on the amount, you might include copies of all sheets or a selection to show a period of time.

You will end up with a general description of what the data is, a logical argument showing why it is relevent and what it means to your case, a summary of the data and some or all of the data printed out at the back for reference. The judge will not want to read pages and pages of spreadsheets, the data is there to prevent her denials and back you up, but it will be unlikely that it will be read. It should therefore be at the back.

It is hard to know how much a judge will actually read, they certainly don't want to read a novel. The important information about your argument should be the first page. Assume this is the only page anyone will read, but then include the rest to prove it and avoid meaningless rebuttle.
  #3  
Old 11-28-2010, 09:37 PM
CycleDad CycleDad is offline
Senior Member
 
Join Date: Nov 2010
Location: Ontario
Posts: 199
CycleDad is on a distinguished road
Default

Hi Mess,
Thank you for you input.
So I would not mention the backup tapes, but have a affidavit plus summary plus printouts from the database. Would I bring this up at this "to be spoken to" meeting with the judge and opposing counsel tomorrow? Or wait until trial? Do I tell the judge that I have new information that is very important to the trial or just bring it along tomorrow, the affidavit and supporting printouts and all that.

thanks
CD
  #4  
Old 11-28-2010, 10:54 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

You must disclose all of your evidence ahead of time. So you file the affidavit asap.

"I have to speak to the judge..." What does this mean? Do you have trial management conference? You need to ammend your application/answer to include the new affidavit before the trial. If you have a conference you may try to include the affidavit with your brief *(speak to the duty counsel before the conference); the conferences are less formal and you may be able to present this. Have it with you, if you are not able to file then tell the judge verbally that you have proof that her financial disclosure is fraudulent. Ask for an order that she provide an accurate financial disclosure according to the records that you know exist.

You want to walk away with an order for her to redo her financial disclosure, this can be part of the record and you can use it at trial to show she was being deceitful. Meanwhile you have to your best to have all information disclosed ahead of the trial and be able to show you did your best. Don't dream of pulling some move you see on TV and presenting evidence halfway through the trial.
  #5  
Old 11-29-2010, 09:32 AM
CycleDad CycleDad is offline
Senior Member
 
Join Date: Nov 2010
Location: Ontario
Posts: 199
CycleDad is on a distinguished road
Default

Thanks Mess,

Is it OK to say that I obtained the information from a backup tape that was left behind at home?

"to be spoken to" is when we have an informal discussion for the judge usually to do with sceduling the next step.

I was the IT guy for her business and was given permissions to access all her data in order to do my work.
  #6  
Old 11-29-2010, 09:39 AM
CycleDad CycleDad is offline
Senior Member
 
Join Date: Nov 2010
Location: Ontario
Posts: 199
CycleDad is on a distinguished road
Default

The information is only in electronic form. Although I can of course print out reports.
  #7  
Old 11-29-2010, 09:51 AM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

I am not a lawyer, let's be clear on that. My understanding is that if you have the password, you haven't broken any laws. If she left the backups behind it's not different than if she left a filing cabinet full of bank statements behind.

She has every right to claim that the tapes are her property and she can have them returned; you historicly had access to the information and you can't be faulted for printing and copying information relevent to your case.

You will be attending a very informal meeting, at most I would say to ask the judge how to present the information, also check with duty counsel but in general just go with what I already wrote. The judge at trial will not be at all interested in going through backup tapes or reading 200 pages of spreadsheets going back years. For it to be admissible it must be relevent and the relevence has to obvious on page 1.
  #8  
Old 11-29-2010, 10:03 AM
CycleDad CycleDad is offline
Senior Member
 
Join Date: Nov 2010
Location: Ontario
Posts: 199
CycleDad is on a distinguished road
Default

Thanks Mess,
I understand that you are not a lawyer and that this is not legal advise.
Just you thoughts.
I will check with duty counsel today.
Thanks.
  #9  
Old 11-29-2010, 10:09 PM
CycleDad CycleDad is offline
Senior Member
 
Join Date: Nov 2010
Location: Ontario
Posts: 199
CycleDad is on a distinguished road
Default

Just an update. Saw duty counsel. They said I always have to share new evidence asap so I did at the "informal meeting" opposing counsel flipped her lid and I don't think the judge believed that I just found this information recently. Trial was adjourned until everyone had a chance to review the new evidence at least a month. The endorsement states that I have to supply printouts requested unless it is punitive (1000s of pages for example) and costs against me if any to be deferred to trial judge (if and when).

Well the evidence is admitted which will be great, trial is adjourned which is aloes good for me to have time to prepare. but I may have to pay for any duplicate work the other side has to do even though the original information given by my soon to be ex-wife was false and to her benefit.

Seems like a small victory for me.
  #10  
Old 11-29-2010, 10:19 PM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

seek costs on all document preparation...keep a track of the paper, copying, etc...if this is information she had and failed to disclose, she will likely get a ruling of costs associated with the new info against her.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



All times are GMT -4. The time now is 10:52 PM.