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  • #16
    Originally posted by DontGiveUp View Post
    Thanks OrleansLawyer,

    My lawyer with less than 24 hrs notice advised me that her colleague was going to be doing our first (and very important) motion the next morning. When I enquired why as this motion had been in preparation for months she said she had something now going on with her kids the day of the motion.

    My lawyer gave her colleague and I specific direction on an item, and said we are to adjourn if the judge accepts the item in to be heard in the motion.

    The lawyers and judge met first in the court room and when I was called in, I was told that the item was being allowed by the judge and it was evident that my lawyer's colleague was proceeding with the motion and not following what we had agreed to. I attempted to ask her a couple of times why she was proceeding and she started with "be quiet" and that grew to "shut up".

    As a result, we lost the motion outright and had to pay costs as she did not have time to review and respond the item submitted last minute and then could not successfully argue our position.

    Since then my lawyer's colleague has told her that I was the one who decided to proceed still and not adjourn (flat out lie, I was not even in the court room). How do I address this with my lawyer and strongly suggest she absorb the costs associated with the motion including what was awarded and do you feel there is negligent?

    If so, does one file a complaint with the Law Society of Upper Canada, request an Order of Assessment or sue in small claims?

    My lawyer as well has been rescheduling / dodging an in person meeting with me since this occurred and I have an urgent next step matter in the court process I need to get addressed, how do I get them to see me on this?
    i see your problem, but I can tell you in a perfect world you may get something out LSUC but this world is not perfect.

    if the costs are less than 5k altogether than i think its a waste of time and money and even more hassle to try to chase them in small claims court. just get the lawyer to agree to absorb costs, and cost award if she agrees, if not at least her own costs, get it in writing and then fire them.
    do keep in mind that depending on the size of your file, it will cost you $$ to get another counsel to just familiarize themselves with your file. i.e. if the case has been going on for over a year and there have been few motions and case conferences etc. just to review the material carefully would cost considerable $$$ by the new counsel. so be careful with what you do

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    • #17
      Thanks, I self represented before and with as much pain and slightly a little more success than since I retained this lawyer so I will be self representing again.

      I will be recording the conversation when I finally get a meeting with my lawyer and I will be asking for the resolve of them absorbing the costs, then once I get it in writing I am parting ways. My children are too important to me for such negligence by someone who is supposed to be versed in family law.

      Comment


      • #18
        Originally posted by OrleansLawyer View Post
        To provide a quote, a footnote, from a judge:

        You will have lost the trust of the court.
        Footnote: In which event, you might as well concentrate on developing a commercial or real estate practice.
        citation: http://www.oba.org/en/pdf/JudgesView.pdf at paragraph 108

        If a lawyer consistently ("every few months" is consistent enough) tries to pass shoddy or dishonest work into court, they will become known for it. After that point, their careers are limited.
        So, essentially, if they screw up enough they'll screw themselves out of a career. Great - not much remedy to the people they affect along the way though is there?

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        • #19
          My question on this topic is :

          Why do documents have to be attested when nobody really cares if the truth is contained in those documents?

          My ex's lawyer attested my ex's financial statement - knowing full well that the ex didn't live in the city, province on the financial statement, had already sold the house listed on the financial statement, moved to another country and purchased another home. Other details (employment earnings, assets held, debts owed) were also all wrong.

          It makes me wonder why I sat waiting for hours at the courthouse for my affidavit and financial statements to be sworn as true??

          Comment


          • #20
            Originally posted by MS Mom View Post
            My question on this topic is :

            Why do documents have to be attested when nobody really cares if the truth is contained in those documents?

            My ex's lawyer attested my ex's financial statement - knowing full well that the ex didn't live in the city, province on the financial statement, had already sold the house listed on the financial statement, moved to another country and purchased another home. Other details (employment earnings, assets held, debts owed) were also all wrong.

            It makes me wonder why I sat waiting for hours at the courthouse for my affidavit and financial statements to be sworn as true??
            That's an easy one so the lawyers can charge for it....

            Comment


            • #21
              Originally posted by Once.is.enough View Post
              That's an easy one so the lawyers can charge for it....
              The lawyers don't decide something must be attested, the courts do. But, the court doesn't seem to care if an attested document is true or not true. So, why the requirement for attestation?

              I couldn't help but wonder all this while I waited and waited for a clerk at the courthouse to attest my financial statement.

              It seems like an unnecessary formality if there is no consequence to falsifying.

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              • #22
                How does that work when one has to provide as well a notice of assessment, it says right in it what his income was?

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                • #23
                  Originally posted by DontGiveUp View Post
                  How does that work when one has to provide as well a notice of assessment, it says right in it what his income was?
                  His lawyer attested the documents knowing full-well his client had relocated to another country. He provided old paystubs and the previous year's NOA's as required in the document.

                  The Financial Statement came complete with a Response to the Motion to Change and Affidavit which stated he had sold his property and relocated to the US.

                  None of that seemed to matter. It was nothing but a stall tactic on his behalf. I served him in August 2013 and I wasn't provided with a complete, relevant financial statement until the following April.

                  But, the whole thing made me wonder what's the point in swearing something as true if it really doesn't matter if it isn't?

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                  • #24
                    Anyone know what happened with the monkey?

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                    • #25
                      Are Tayken and Orleans_lawyer the same person? They both write in a very similar style and both make numerous comments about monkeys bashing words into keyboards.

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                      • #26
                        Originally posted by Straittohell View Post
                        Are Tayken and Orleans_lawyer the same person? They both write in a very similar style and both make numerous comments about monkeys bashing words into keyboards.
                        Plagiarism...a useful tool for the educated masses. social scientist and solicitor what a mess they leave in their path.

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                        • #27
                          I really don't thing they are the same person. They write differently. Just because two people use the same metaphor or saying doesn't make them the same person.

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                          • #28
                            If they were the same person then I think they have a personality disorder as they have often disagreed on things (yes you did... no I didn't... yes you did).

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                            • #29
                              Let's keep the thread on topic rather than this slippery slope of bashing.

                              Thx.

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                              • #30
                                my apologies - my comment was made in jest and certainly not intended to bash or offend.

                                Comment

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