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En Route toward APPEAL Court - Toronto

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  • #31
    Received a call from the Court of Appeal in Toronto to let me know that they have received all my material. Everything is find and the date for the Motion is scheduled in less than 3 weeks.

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    • #32
      Motion for Security for Costs was dismissed because she had enough assets (owner of the house) to cover the costs.


      Going to Appeal is a long process but we are getting there as I was served with their material. (Appelant Appeal Book and Compendium, Factum, Transcripts and Book of Authorities)


      Now I must do my work. (Factum, Respondent Appeal Book and Book of Authorities. )


      I'm getting there... I guest.


      With the holidays, I'm thinking having to go in the Appeal Court in Toronto in the next Fall. If lucky, during the summer. But I don't put my hope on that one.

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      • #33
        I have been told by many... if you don't want someone to be successful in challenging a will, it is important to leave them some nominal amount. People who are successful in appealing are those who are left nothing (typically adult children).

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        • #34
          I think this reply belongs to the other thread related to the will.
          Last edited by mafia007; 06-08-2018, 12:48 PM.

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          • #35
            Originally posted by arabian View Post
            I have been told by many... if you don't want someone to be successful in challenging a will, it is important to leave them some nominal amount. People who are successful in appealing are those who are left nothing (typically adult children).


            I think this reply belongs to the other thread related to the will.

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            • #36
              wrong thread
              Last edited by arabian; 06-08-2018, 01:08 PM.

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              • #37
                Documents all done and my Factum being scrutinized by a lawyer who had appealed several time at the Appeal Court of Ontario. Will be meeting with him again this week and after revising and amending my Factum, we will serve the other party and file at the Appeal Court. The lawyer wants my case and is ready to give me a discount rate as I have done all the documentation and according to him, it's a lost case for the other party. Once it is served, I will make an offer to drop the Appeal at no cost otherwise, we're heading to Toronto at their costs of Appeal which should be around 15K$.

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                • #38
                  My lawyer sent the other party a proposal to withdraw their appeal at no cost, but with a reasonable agreement that she would pay me a lower amount of the equity and I will transfer a lower amount from my pension. Otherwise, we are heading to appeal and she could be facing a total lost with Costs of 20K$.


                  The review of my documents are about to be done.

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                  • #39
                    Last offer was refused.


                    I called the Court of Appeal in Toronto to find out why there was no date for our appeal yet. They told me that the other party had not filed a Certificate of Perfection that should have been filed by June 17th. They also told me that they did not had anything, no communication, no emails from the other party since the end of May.


                    I then send a message to the ex's lawyer to file the Certificate in 48 hours otherwise I was noticing them in default for delays. He lied by telling me that he didn't know about filing a Certificate of Perfection and that he also called the Court to ask why a date was not addressed to our case. What a complete hypocrite.


                    All was perfected on Aug 31st and we are now waiting for a date.

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                    • #40
                      I don't understand why your lawyer was not on top of this? If something was not filed by the other party in time your lawyer should have known that at the deadline date or shortly thereafter. Correct? In your previous post from June 25th you indicated your lawyer had sent out an offer. Do you have the lawyer on some sort of limited retainer arrangement?

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                      • #41
                        My lawyer asked for a retainer that I could not afford. So I told him I was going to file everything as if I was self rep and eventually add his name on the case if I was able to find the funds. He then came back to say that he would plead for my case and get paid only when I get my equity. This is why he wasn’t on the time frame but he did told me to call Toronto to inquire about a date of appeal.

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                        • #42
                          yep they really like that home equity... they can lien the money in the trust fund is why.

                          Business is business. No pay no work.

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                          • #43
                            you have fought hard for 3 years now/

                            I believe your ex capitalized on the domestic violence charge and made her move immediately.

                            I wouldn't give the lawyer another dime. Your kids are at an age where they can soon decide on their own anyhow how and when they will see you.

                            You need to rest and regroup and think of ways of how you can independently, without court's help, to maintain a position in your children's lives. This won't be easy. However, your daughters are coming to an age where they hopefully someday can be independent thinkers.

                            Again, I am so very sorry for your disappointment. I thank you for keeping us in-the-know through your tremendous struggle.

                            I do hope some good things come your way. Perhaps some others on here can give some ideas to you on how to broach this uncomfortable situation with your daughters.

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                            • #44
                              Why did you not let the perfection fail and let them close it and collect your 750$?

                              If you do not file proof that you have ordered the transcript necessary for your appeal within thirty (30) days after filing your notice of appeal (if there is a transcript of oral evidence to be filed on the appeal), the respondent may file a motion before the Registrar of the Court of Appeal for dismissal of your appeal for delay. If granted the appeal is dismissed with costs fixed at $750.00.

                              If you do not perfect the appeal within sixty (60) days after receiving notice that the transcript(s) are completed, the respondent may file a motion before the Registrar for dismissal of the appeal for delay. If granted the appeal is dismissed with costs fixed at $750.00.

                              If the appeal is one for which no transcript of oral evidence is required and you do not perfect the appeal within thirty (30) days (or in the case of an appeal under the Child, Youth and Family Services Act (CYFSA) – fourteen (14) days) after filing your notice of appeal, the respondent may move before the Registrar for dismissal of the appeal for delay. The Registrar also may take steps to dismiss the appeal for delay in accordance with Rule 61.13.

                              If one year (or in the case of an appeal under the Child, Youth and Family Services Act (CYFSA) – six months) pass from the date of filing your notice of appeal and the appeal is still unperfected, the Registrar may take steps to dismiss the appeal for delay with costs of $750.00.

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                              • #45
                                « If granted » is the key words in the whole process. At start, the Registrar already give the moving party one year to perfect the appeal from the date they have served the notice of appeal. This means I will have had to file a motion to dismiss the appeal due to delays. At that step, it is in the protocols of the Registrar to allow the moving party a last chance to perfect the appeal. And they would have done. This is why I have send a nice unappreciated message to the rat lawyer to file the certificate of perfection in 48 hours with a CC to the Registrar.

                                Second, I would have asked for more than 750$ for costs. The rules clearly states that if your costs are exceeding 2000$, you can request a higher amount with proof of your expenses occurred by providing a summary of your total costs.

                                Sincerely, it was to easy and nice to put an end to this unnecessary litigation. I am confident I will succeed and their appeal will be dismissed. Can’t wait to see a For Sale sign in front of her property. 😏

                                Comment

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