Settlement Conference Results...Summary Judgement

[Busch]

Yesterday I went to our Settlement Conference. As anticipated Ex didn't show up. Nor did he provide an updated financial report as ordered to do.
Judge was almost sympathetic to myself, as Ex really doesn't have much of a leg to stand on....but because he wasn't in court there was nothing that the judge could rule on.

Judge ruled that we move to March 9th for ANOTHER settlement conference, but also suggested that I get legal advice on Summary Judgement. Ex MUST be in court or apply to judge to be there via tele conference. Judge ordered costs to me for the day in court, payable within 30 days. I quote the judge here "IF not paid within 30 days, respondents Motion to Change is hereby dismissed with costs to the Applicant."
Again the judge advised me to seek legal advise on Summary Judgement, and then dismissed us.

Anyone have any experience with Summary Judgements? What are they and how quickly do they need to be completed?

[rockscan]

So do you think he will pay the costs?

This is sort of good news especially if he pulls his historic bs of not paying. Then his motion is dismissed. But can you file your original order with FRO?

I have no advice on summary judgement. Just wanted to say keep your chin up. This was a pretty good judgement and your ex is showing what an idiot he is.

[ross_toronto]

Sounds to me like the judge is suggesting you file a motion without actually telling you so:

In civil and family law matters, a summary judgment is a motion for a final order without a trial on the basis that there is no genuine issue for trial because the evidence favouring one of the parties is overwhelming.

Sounds extremely positive to me!

[Busch]

Rockscan.....I highly doubt that he will pay the costs....he' too busy trying to figure out how the keep his damned money!!!
I am very happy with this day in court.....every little bit helps.

ross_toronto, thank you for the info. I believe that this was a positive for me as well....I just need to know exactly how to file this motion. If a judge is suggesting you do something.....pretty sure it should be done!!

I'm going to see if I can get me some legal advice. Don't wanna pay for it....but I think that maybe I should pay for even an hours consultation if possible.

[rockscan]

Agreed but the other good news is that he will probably have difficulty bringing future motions if he hasnt paid costs.

Definitely speak to a lawyer. Especially if they tack costs on there. I know he wont pay it but it all goes into the pile for FRO.

Its too bad stuff like this doesnt impact their immigration paperwork with the US.

[Busch]

I'm not so sure that it won't affect the whole immigration thing. He's claiming to be self employed now....but most jobs are in Canada....getting paid in Canadian dollars....thinking he might need to pay Canadian taxes on it. Another trick to the story.....

[Tayken]

To do a summary judgement you are best to consult a reputable lawyer that has done them before or has access to someone in their practice (for advice) that has.

They are no walk in the park.