Announcement

Collapse
No announcement yet.

Cost award payment NSF - can motion request still be stricken

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cost award payment NSF - can motion request still be stricken

    At recent motion, judge was asked to strike motion of opposing party, since cost award remained outstanding for 8 months. Response was: if opposing party makes outstanding cost award payment now, the motion could be heard.
    Opposing party made cost award payment (cheque passed to me); then judge heard motion and made ruling.
    This cheque was just declared NSF by my financial institution.

    Question: what is my recourse to: a. appeal the ruling, since the cost award was not in fact paid (therefore: the motion should NOT have proceeded)
    b. order for security for costs [FLR 24 (13)]

    I could find no reference to this issue by searching posts.
    Appreciate your insight!

  • #2
    I would go with A. The other party tricked the judge as well as you

    Comment


    • #3
      Cannot only appeal if there was an err in law? Clearly the ex pulled a fast one but that doesn't give grounds for an appeal if the judge followed the law.

      Lesson learned... get a certified cheque next time. did his motion cause you to lose something that you now want to undo?

      Comment


      • #4
        Originally posted by Berner_Faith View Post
        Cannot only appeal if there was an err in law? Clearly the ex pulled a fast one but that doesn't give grounds for an appeal if the judge followed the law.

        Lesson learned... get a certified cheque next time. did his motion cause you to lose something that you now want to undo?
        ... or a money order. And as they say: money in the morning, chairs in the evening. Yes, lesson learned, but wow, to give an empty cheque in front of a judge, you have to have nerves and arrogance... .

        I think the ruling was not in the OP's favor otherwise they wouldn't want to void it.

        Comment


        • #5
          Originally posted by Mother View Post
          ... or a money order. And as they say: money in the morning, chairs in the evening. Yes, lesson learned, but wow, to give an empty cheque in front of a judge, you have to have nerves and arrogance... .

          I think the ruling was not in the OP's favor otherwise they wouldn't want to void it.
          I agree... very arrogant, but the point is, can one really appeal the decision on the basis that the cheque bounced?

          Comment


          • #6
            Originally posted by Berner_Faith View Post
            I agree... very arrogant, but the point is, can one really appeal the decision on the basis that the cheque bounced?
            I don't know but I doubt it. Don't think it's possible.

            Comment


            • #7
              If you haven't contacted him to replace the NSF cheque, you can file a criminal charge with the police. If you did contact him, that means you are offering him terms and a chance to pay. Good Luck.

              Comment


              • #8
                Criminal charges for a NSF cheque? Are you kiddin' us? Half Canada would be in jail by now.

                Comment


                • #9
                  you have to go to the police station and they will ask if you have contacted the person to replace the cheque...if not they will lay charges...when it goes to court usually if the person pays up either before or that day charges will be dropped...but very effective way....however if you contact the person you are in fact giving them terms. Having a business for years we learned this early on.

                  Comment


                  • #10
                    Correct if the cheque was written without funds in the bank to cover it is fraud.

                    My father is a contractor...had a client charged this fall due to 2 bounced cheques. (50,000) Police are charging client due to fact that he knew there was no funds in the account at the time the cheque was written. Police contacted bank and found out that this was the case.

                    Cheques now should be considered automatic payments, like cash and funds should be in account to cover the cheque.

                    Comment


                    • #11
                      Never heard of a single charge for NSF cheque. Can you please kindly provide a link to the law permitting to charge for an NSF cheque or a case, anything? Thanks.

                      Comment


                      • #12
                        Originally posted by Mother View Post
                        Never heard of a single charge for NSF cheque. Can you please kindly provide a link to the law permitting to charge for an NSF cheque or a case, anything? Thanks.
                        Never heard of it before either. With the previous posters dad and the 50,000 checks there probably was a contract signed with payment dates for work done or something. It may have been more for a broken contract then the NSF.

                        Comment


                        • #13
                          Canadian Laws About Bad Checks | eHow
                          this is all I can find at the moment but we were successful obtaining $$ after
                          police were involved.
                          They can not be charged if the cheque was post-dated

                          Comment


                          • #14
                            You can apply for something like a retraction of judgement, if a judgement was made on the basis of a fraud then the judgement can be retracted.

                            Comment


                            • #15
                              Originally posted by kidsRworthit View Post
                              At recent motion, judge was asked to strike motion of opposing party, since cost award remained outstanding for 8 months. Response was: if opposing party makes outstanding cost award payment now, the motion could be heard.
                              Opposing party made cost award payment (cheque passed to me); then judge heard motion and made ruling.
                              This cheque was just declared NSF by my financial institution.

                              Question: what is my recourse to: a. appeal the ruling, since the cost award was not in fact paid (therefore: the motion should NOT have proceeded)
                              b. order for security for costs [FLR 24 (13)]

                              I could find no reference to this issue by searching posts.
                              Appreciate your insight!
                              This is very heavy handed anyways, I know the legal basis of this decision but depriving somebody of the legal right to be heard in court over unpaid costs is pretty anti-charter.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X