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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #51  
Old 09-25-2020, 06:25 PM
tilt tilt is offline
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A CC is useless for what you are asking for. You need to file a motion.
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  #52  
Old 09-25-2020, 06:39 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by tilt View Post
A CC is useless for what you are asking for. You need to file a motion.
The judge can still order disclosure and that can be used in the motion.
I had no idea that the legal system was such a circus when it came to disclosing stuff.
I have been burned too but at the CC the disclosure was ordered and the judge said I could bring a motion if they failed to comply.
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  #53  
Old 09-25-2020, 07:55 PM
tilt tilt is offline
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After three years the lawyer should not be scheduling a CC when there are already Orders the opposing party is in contempt of. This lawyer is not moving towards settlement or trial (which is where they should have been within 18 months of an application). Some lawyers are more interested in billable hours and those lawyers need to be either carefully managed by and informed client or else cut loose.
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  #54  
Old 09-26-2020, 12:56 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Victorviola View Post
The only order being is requested is for disclosure. After 3 years with no disclosure provided from my ex And almost no child support paid. Owing about 30k atm. What other orders should my lawyer be asking for. Ive been asking for disclosure for 3 years. Can I ask for the child support owing. Hes sold 4 properties in the past 2 years. My lawyer knows of one Property before the courts Which funds are being held in trust. Should there be an order to keeps those in trust. I have a couple days to alter the brief. Feedback will be much appreciated.
You should be filing a motion for disclosure which can be done if you dont get it at the cc. Tell your lawyer to have that motion ready to file immediately following your cc. If the judge endorses disclosure you wont need it but if they dont then have it ready. You should also request that the fund remain in trust until a final order is made to keep that money available.

At this point you need to tell your lawyer that if this conference doesnt go anywhere you want them to request it move to trial. Endless conferences with no disclosure and over 30 grand owing is useless. Your lawyer is simply sucking you dry. You need a final order and if your ex wont settle it will take a final judgement.

As for getting an order for support...do you not have an interim order? If yes file it with an enforcement agency immediately. If you dont tell your lawyer you want them to request an interim order for support.

If your lawyer is really as inept as someone who goes to constant conferences you need a new lawyer.
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  #55  
Old 09-27-2020, 11:06 AM
Victorviola Victorviola is offline
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In the case conference brief our lawyer did ask that if disclosure is not provided within 30 days that the ex's pleadings be struck... I will ask the lawyer to ask for an order for $$ held in trust to be kept in trust. First case conference will update after its complete, Thanks everyone
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  #56  
Old 10-06-2020, 09:53 AM
Victorviola Victorviola is offline
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Received ex’s CC brief. They e threatening to bring a motion against my common law partner to provide disclosure. Priceless. They made a total of 12 points in their CC which 6 are lies and easily countered with their own statements in a previous affidavit. Ex: in affidavit my ex states I had legal representation at time of separation but now in the CC he states that I declined representation at time of separation. D-day tomorrow. Looking forward and waited 3 years for this.
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  #57  
Old 10-06-2020, 10:26 AM
rockscan rockscan is offline
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My husbands ex demanded disclosure of all my info as well as what I contribute to the house. In addition to a list of items she wanted my husband to provide. She got nothing but schooled and had to pay my husbands legal costs.

Good luck tomorrow!


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  #58  
Old 10-08-2020, 11:32 AM
Victorviola Victorviola is offline
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Had an 8 hour case conference. A 8 page order for financial disclosure. OC argues everything but to no avail. Then at 4:00pm OC brought up a jurisdictional issue. Apparently my lawyer was supposed to file with the Ontario court not the superior court when it comes to child support and access. Judge agreed and that was it. Spousal support claim can still go. We were heart broken about the screw up. 3 years waiting for that day and that’s what happened. I don’t know how my lawyer can explain this screw up. I need to get a new lawyer ASAP as now we have to start a new case in the OCJ for child support and access. Does this screw up equal misrepresentation. I sent a very long email to the lawyer and awaiting a response. I want the $30k I spent back so I can afford a new lawyer. Thoughts need some advice.
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  #59  
Old 10-08-2020, 11:39 AM
Kinso Kinso is offline
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Do not immediately fire your lawyer. I know it feels huge, but it’s actually an easy error to make.

Instead, take a breath, book a meeting, and ask how your lawyer is going to make the error up to you. No one is perfect, but no other lawyer owes you anything. You won’t get the 30k back, but you should get some level of courtesy service.
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  #60  
Old 10-08-2020, 11:48 AM
LovingDad1234 LovingDad1234 is offline
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I am sorry to hear of your troubles. Seems that the Opposing side is just playing around and you are having difficulties with your lawyer.

Here in Toronto, an experienced family lawyer can be $500 per hour. That means that it is possible that Victorviola spent $4,000 just to have lawyer present yesterday, not to mention the amount of money spent on prep time. So it is possible that yesterday's CC cost $5,000-$6,000 and the outcome did not amount to much progress in the file at all. Family Court needs a serious overhaul of how it operates. Full day wasted.
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