Announcement

Collapse
No announcement yet.

Opposing counsel removed as lawyer on record

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

  • Opposing counsel removed as lawyer on record

    Just received interesting news regarding my wife's case with her ex. We were told that his lawyer filed a motion seeking to be removed as the lawyer on record. Just curious what this means (our final court case is scheduled for a month from now). I can see three options: her ex self-represents (unlikely), he seeks new counsel (possible), or he is a no-show (also possible). If he seeks new counsel, how likely I it that that he would be granted additional time for the new lawyer to become familiarized with the case? If the answer is likely, how fair is it that one month before the trial date that he gets additional time. A also have a second, unrelated question...if her ex purposefully becomes un/underemployed, I'm assuming that he would be imputed income, but what tools are available to collect if he barely makes anything or is completely on social assistance (just trying to look ahead to his next deadbeat move). Thx

  • #2
    A) they could request an adjournment. You could disagree but more than likely it would be granted.


    B) he would have to prove why he is no longer employed and what he is doing to find work. This could be a medical issue or not. Either way the onus will be on her to prove he is PURPOSELY underemployed.

    C) if there is an order for support and you live in a province with an enforcement agency, it gets filed with them. But if he is not working or working for cash, they can do little to nothing. Normally they will garnish wages or taxes. They can only garnish EI in Ontario. Social assistance or disability is not garnished.

    Comment


    • #3
      Your wife's lawyer should find out what is going on with the other lawyer ... to see if summary judgement might be in the cards? Courts don't like lawyers bailing on clients shortly before trial.

      Comment


      • #4
        I don’t believe lawyers are allowed to bail so close to trial. If you are already on the trial list the lawyer has to ask special permission from the trial judge to remove themselves

        Comment


        • #5
          Thanks for the responses...latest is that the opposing lawyer is back...probably a case of her ex not responding to his lawyer regarding payment, being told that he was going to remove himself, realizing that he would be in deep trouble without a lawyer, and scrounging up some cash to get his lawyer back.

          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