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  • Settlement Conference - help - key points

    Hi, guys,

    Need help from you guys.

    settlement conference on May 31, 2010, I will represent myself on the court. i had experience on the first case conference on jan 27, 2010, child support issue is done, first time for settlement conference and I do not how much difference there is betwenn settlement conference and case conference. a few questions,

    1) key, important point , i should pay attention to, roughly

    2) i am preparing my settlement conference brief form 17C, what are the impoirtant points normally people should clearly state on this brief.

    3) I personally hope the judge could help to reach a reasonable agreement to solve this case. what should i write down on the brief to express my intention.

    any reply will be appreciated.

    Nick, May 17, 2010

  • #2
    Similar discussion here...Search feature is most helpful

    http://www.ottawadivorce.com/forum/f...ocuments-6768/

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    • #3
      thank you very much

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      • #4
        We are also scheduled for a settlement conference really soon.
        So how does it really differ from a case conference? Is it possible to have the same judge again?

        What are things that I should be thinking, focusing on?
        Should I be thinking of offers to settle etc?

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        • #5
          Settlement conf difference with case conf

          ONly key diff is that a settlement conf has to include an offer to settle.
          They are basically the same thing.

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          • #6
            A settlement conference is the next step in case management after a case conference. The latter identifies the issues and attempts to settle them. The former narrows the issues and attempts to settle them.

            This should all have been explained at the Family Law Information Session that all litigants are required to attend. If a litigant (self represented or otherwise) doesn't attend this session, then they only have themselves to blame when things don't progress. If one doesn't put in the effort, one deserves to get screwed.

            You can have multiple case conferenes and settlement conferences. The next step is a trial management conference, then exit pre-trial conference, then trial.

            One trap in family law is to allow multiple conferences to occur when the parties are far apart in settling their differences. It prolongs the process and exponentially increases the costs if you have a lawyer, to say nothing of the emotional strain.

            I've said it dozens of times here. You always have to be pushing towards trial to avoid this trap, especially when the other side is being unreasonable and/or delaying without cause. Pushing towards trial turns up the heat by the judge to settle and it flushes out unreasonable positions.

            Frankly, anyone who is asking about the stages in case management after they have been involved in the process for more than a six months is playing with fire. You should know this stuff long before you have to attend these conferences, otherwise you are setting up yourself for a long, drawn out, expensive action, or worse, to fail.

            If you don't bother to read this, http://www.attorneygeneral.jus.gov.o...ccm/ccmr77.asp, don't bother asking any more questions about it!!!
            Last edited by dadtotheend; 07-20-2010, 03:21 PM.

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            • #7
              Originally posted by dadtotheend View Post
              This should all have been explained at the Family Law Information Session that all litigants are required to attend. If a litigant (self represented or otherwise) doesn't attend this session, then they only have themselves to blame when things don't progress. If one doesn't put in the effort, one deserves to get screwed.
              I don't think this session is manditory everywhere. I think it's only in TO as I didn't have to attend and my lawyer wasn't sure why I was asking about this before.

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              • #8
                Originally posted by tugofwar View Post
                I don't think this session is manditory everywhere. I think it's only in TO as I didn't have to attend and my lawyer wasn't sure why I was asking about this before.
                I live in Owen Sound and there does not exist this session you speak of. I am self represented since 2 lawyers made my case worse than what it started out as. I have looked high and low everywhere to find out infor for my settlement conf and case conf. now we are at trial management management. This case has dragged on for 3 years while children's aid gets their share of the money too! Too bad these sessions you speak of are not available for everyone....judge kicked me out of court this week and warned me to not come back without a lawyer. prejudiced judge lying!! I have the right to self-represent but courts refuse to do their job unless i have a lawyer. 50 lawyers have been asked with a legal aid cert and they all turned me down. sad dysfunctional ppl in the courthouses and legislation too.

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                • #9
                  Okay, if that many lawyers think your case is too much to handle, do you think it might be time to examine your expectations? Bring them a bit closer to reasonable? And if the judge is strongly suggesting you have a lawyer, do you think you may be acting a bit too emotional instead of reasonable in the courtroom or something? If everyone is consistently dealing with you like that, or trying not to deal with you at all, it's time to stop blaming others and figure out that the problem may be in yourself.

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                  • #10
                    Originally posted by Rioe View Post
                    Okay, if that many lawyers think your case is too much to handle, do you think it might be time to examine your expectations? Bring them a bit closer to reasonable? And if the judge is strongly suggesting you have a lawyer, do you think you may be acting a bit too emotional instead of reasonable in the courtroom or something? If everyone is consistently dealing with you like that, or trying not to deal with you at all, it's time to stop blaming others and figure out that the problem may be in yourself.
                    Really? Without even knowing the seriousness of this, you are way off base. I have end-stage lyme disease that Canada has no lab tests and refuse to acknowledge it exists. I am sick, but mostly 4 children were infected in pregnancy. Children's aid says there is zero medical issues. I just had a lab test from california confirming my claim. Chidlren's Aid refuses to test these kids and now from refusal, i am incurable...end stage...and my liver is starting to shut down. I just found out Children's aid has put million dollar life insurance policies on me and my kids listing the society as the beneficiary. Also Children's Aid has started action against me to get my home worth $175,000 that is fully paid for. How is this the best interests of the kids? All my kids had a great mom....they know the society is lying about us and the kids get no advocate as per CFSA, part III, sections 103-108. We are being violated, lied about, taken advantage of and held up with their expectation that we will die without treatment so they can get the insurance and house money. No one will accept this case because they say this is normal behaviour for children's aid and we will lose even though i have kids who want to come home. By the way, 2 of my 4 kids live with a foster mom who is now exposing these kids to our abuser after assaulting us all! Anytime you want to hear the truth about the society and family court....message me. Our own governement is circumventing social service law in this situation and we are all crushed that others have manipulated us, silenced us and emotionally abused us, all while practising parental alienation and using behaviours i see in the criminal code of canada. Everyone maintains this is normal. It's past dysfunctional, & wholeheartedly sick.
                    Last edited by violet; 03-08-2012, 12:29 AM. Reason: misspells and wrong wording

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                    • #11
                      I never get permission to speak, i do not cry, i dress with class, act with dignity and never step out of line. I am biding my time for a totally unique resolution to a totally unique social adversity that ppl in general do not care about. When i find an honest lawyer, the actual truths will come out, and we will be set free from a dysfunctional family court system, and my children and i will never have to worry about being emotionally abused again. One child has already walked out on everyone except me...one is 13 and is being denied her voice. the other 2 are being silenced, manipulated and alienated from me. They all say they want to come home becuase i keep them safe from this stuff. last week the society threatened my 13 year old that is she did not do what they say, CAS will take this girl out of her bed in the middle of the night and send her across canada to live elsewhere. That's the best interest of the child? hmmmm, ppl here seem in denial about family courts that use "guilty until proven innocent" every day. The family court destroys families, then refuses to acknowledge what they have done. My oldest kids say they will never get married nor have children because this one con man made things really bad for all of us. This injustice will never leave us, my kids call crying on the phone saying "we want to come home now, it's been 3 years". there's no family court in Canada, it's just a big money pit of dysfunction.

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                      • #12
                        last week the society threatened my 13 year old that is she did not do what they say, CAS will take this girl out of her bed in the middle of the night and send her across canada to live elsewhere.
                        They're doing this to your children because you have a physical illness and have life insurance policy out on you?

                        I've never had any dealings with CAS but do they normally pull life insurance policies out on people who make abuse claims? It seems an odd way for the Federal government to make income.

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                        • #13
                          I'm so sorry the general public is not informed about CAS. CAS is a private corporation, not a government entity. They receive our taxpaying dollars only once they have opened a file on a family or have exectued an apprehension. CAS got $32,000 to apprehend my 4 kids. They continued their legal fight against this family for 3 years now, go figure the monetary amount for their lawyers that was paid for the ministry with "gov't grants". The dishonesty of the 53 private CAS corporations in Ontario costs taxpayers billions and destroys good families. CAS took out insurance policies on the members of this family because they refused services to treat us properly so now we are incurrable, and our livers are irrepairable. When 1 of us dies, CAS gets $1,000,000. How's that for funding a private corporation? This the new way to fund CAS, pick on sick ppl and insure them. Gov't makes no money on this, gov't just spends spends spends....and claims it's the child's best interests. CAS abuses their power and engages in criminal behaviours. Avoid them at all costs. There is no transperency in Ontario for CAS and courts use avoidance in order to not pay damages. My worker confirmed this.

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                          • #14
                            Violet, I think you might not have a very clear understanding of the insurance business model. It is the INSURANCE companies who make $ from selling policies. That means that the premiums paid by CAS would 'on average' exceed the payout. Especially since they are insuring someone for whom they cannot provide full medical information to the underwriter (that means higher/unknown risk for the underwriter, which means higher premiums). So ... it does not make sense that CAS could make money by doing this....unless you think they are also paying hit(wo)men to arrange accidents/poisonings. ...And why am I now thinking of ACDC?
                            Last edited by dinkyface; 03-08-2012, 07:13 PM.

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                            • #15
                              YES I AGREE. I do understand but CAS is a private corporation that somehow gets automatic credibility and somehow they have found a loop hole in this. On the flip side, if the premiums exceed payout, why would the Ontario government agree to pay these premiums since CAS gets no government funding unless their family file is open or they have already apprehended, never before. I know it makes no sense, however someone came forward and alerted me to CAS doing it with another family in success, so my family is used also in this way. I am having trouble figuring this out but i do know, other families were funded in a CAS life insurance policy, so we are missing something! Could it be it's their capacity for service as a private organization? I have heard of this before with other private corporations. In my research i accidently found a company employee being charged with murder because they insured an employee they arranged to kill for profit. It resulted in a polive investigation and charges but that was 3 years ago in the U.S.

                              Comment

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