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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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  #1  
Old 11-22-2019, 11:45 PM
EspoirN EspoirN is offline
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Default How do I force ex to agree to a settlement conference?

Ex did not comply with the court order from the case conference to disclose finances. He lies about his income, he is a self employed handyman. He lied about his assets abroad (apartment in home country), instead of providing proof of income, cash, cheques, he only provided a statement stating he is homeless and does work for room and board (which is a lie again for which I have proof), and is now refusing my attempt to schedule a settlement conference. He uses visits with my daughter as blackmail. He has supervised access through the family centre because he refused all persons I proposed. How do I force him to go to a settlement conference and to disclose?
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  #2  
Old 11-23-2019, 09:55 AM
iona6656 iona6656 is offline
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what do you mean how do you force him? You just file the documents.

Have you done a case conference? If yes- you file for a settlement conference with the courts. Then you prepare an offer and serve it.

Are you represented?
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Old 11-23-2019, 10:02 AM
EspoirN EspoirN is offline
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No. I do not have a lawyer. I need the Respondent’s consent to a date to book a settlement conference before the court will give me a date. And the respondent declines stating that he is not ready for the settlement conference. We already had a case conference in September 2019. Judge issued an order to him for financial disclosure and he submitted a statement of several paragraphs that he has not income and no assets, which I have proof is a lie. So I wanted to proceed with a settlement conference to demonstrate that he is lying and get the child support, custody and assets settled. And now he is stalling the process. What do I do?
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Old 11-23-2019, 10:56 AM
tilt tilt is offline
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I guess different courts operate in weird ways. In my jurisdiction you simply schedule the next appearance (usually at the end of the current appearance). If the Trial Co-ordinator will not schedule without Consent then file a 14b (with notice) listing all the times you have attempted to schedule a SC on consent. The Judge should be able to Order a conference scheduled without Consent.
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Old 11-23-2019, 11:13 AM
Codename Codename is offline
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I am just re reading so you had a case conference was there an official order given to him by the judge to produce a financial statement and disclosure of income?
How many days did the judge give him? Do not go to a settle conference like I said what ever is discussed there cannot be used in a trial. I will try to find the chart that gives you the directions (steps) for each procedure.
This was the final letter sent to him after the judges order.
List of all the times that he did not produce the financial statement.
Now we are filing a strike. As you can see he was given 6 attempts to file
Let me know

Example:
This is further to the endorsement of ______________, dated July 19, 2019 (the “Order”).

We confirm:

You have repeatedly shown your disinterest and complete disregard of the Rules of Court and its orders to date, as set out infra.



With respect to this above-noted matter, on or about (give date), your name (the “Applicant”), commenced an Application against you.

On or about (give date), a First Appearance was held at the Ottawa Courthouse where it was confirmed that you had failed to file your Answer and your supporting documents. The Applicant later amended her Application and yet after service of the Amended Application, you again failed to serve and file your responding documents in accordance with the Family Law Rules.

On or about (Give Date), a second First Appearance was held where it was noted that you had not served and filed your materials. Accordingly, another indulgence was provided to serve and file your Answer, to no avail.

On or about (Give Date) a Case Conference was heard. Master _____ granted an extension to serve and file your Answer. You were also ordered to produce to us your financials, which included, inter alia, your bank statements. You have failed to provide our office with same. Consequently, you now stand in contravention of the Order. A copy of the Order is enclosed
Our File No.: ______



__________________________________________________ ______________

herewith for your immediate attention.

We hereby confirm that we have not received the following documents in accordance with the Order:
1. Notice of Assessment and Tax Returns for the 2018 tax year;
2. T1, T4, T5’s if any for 2015, 2016, 2017 and 2018;
3. Copies of any loan, credit card and mortgage applications completed since January 1, 2015 to date;
4. Monthly statements for all bank accounts, personal or otherwise from 2015 to date;
5. All personal and business credit card statements from 2015 to date;
6. Copies of the accountant’s file (including all materials provided to the accountant) from 2015 to 2018; and
7. A corrected Financial Statement.
Should you not deliver the documents listed supra within ten (10) calendar days of receipt of this letter, we will bring our motion to strike your pleadings and we will rely on this letter for our costs thrown
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Old 11-23-2019, 11:37 AM
EspoirN EspoirN is offline
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Ex has provided notice of assessment for past 3 years, before the case conference. I argued at the case conference that he is lying that he has no income (which he was claiming at that point), because he went to the Carribean to work (handyman, construction, renovations), and he somehow supported himself for 9 months after he left home and disappeared without disclosing his whereabouts (it was through friends that I knew that he was working abroad).

Yes, at the case conference, the judge issued an order, gave him 45 days to disclose all cash income, bank account statements, proof of assets, real estate abroad. He only provided a statement and claimed that he boards for work (homeless), that he has no assets abroad, that the apartment is his mothers, he also showed bank statements from one account which shows no activity for months. I have proof that the apartment is solely 100% his, and he had to have cash earnings, because he bought two gifts for the kids worth $2000, with zero movement in his bank account, where did the funds come from?
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Old 11-23-2019, 11:48 AM
Codename Codename is offline
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Are you in Ontario? So you have his three years of taxes, has the 45 days past yet? What statement did he provide was it the courts financial statement?
The apartment did you do a search on the lein who owns it?
How is his income that he claimed for the last three years, was he self employed, did you do your taxes together, do you have any joint bank statements before he left.
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Old 11-23-2019, 11:59 AM
EspoirN EspoirN is offline
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Yes, I am in Ontario, in Ottawa.
Yes, at the case conference, the judge issued an order, gave him 45 days to disclose all cash income, bank account statements, proof of assets, real estate abroad. He only provided a statement and claimed that he boards for work (homeless), that he has no assets abroad, that the apartment is his mothers, he also showed bank statements from one account which shows no activity for months. I have proof that the apartment is solely 100% his, and he had to have cash earnings, because in Summer 2019 he bought two gifts for the kids worth $2000, with zero movement in his bank account, where did the funds come from?
Also, at the time when he submitted his finances in response to the order to disclose in October 2019, he was working at my neighbour's home for 10 days (without boarding), so he must have earned about $2000, and he still lied that he has no income. So it is not she said he said. I have proof he was there, my son saw him, we took pictures, and I could summon the neighbour to court.

How do I file a motion to strike? The advice I am hearing from other people is NOT to proceed to the settlement conference until I am satisfied with his disclosure, is that correct advice? My thought would be that in my settlement conference brief I would point out why I disagree with his financial disclosure and ask the judge to impute income to him. Yes, the house is solely in my name, which I am fighting not to divide 50/50 because he did not want to buy the house, the title, the mortgage, line of credit is solely in my name. He did not even change his residential address to my home (on his driver's licence) and all the mail kept coming to his old address (which is my mom's home, as we used to live at my mom's for 6 and a half years before I scrambled enough money to buy the house). Many issues here. However, my main dilemma is, do I proceed to a settlement conference and point out all those lies at the settlement conference? Or do I proceed with some kind of a motion? Motion to strike? How is that done? I cannot retain a lawyer.
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