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  • Not respecting minutes of settlement

    Hi folks,

    A friend asked me this, and I had no idea what to respond

    If the minutes of settlement (which are supposed to end a case) are not respected by a party (i.e. one of the parties does not hold to his/her end side of a bargain, like paying a lump sum), then what exactly is one's remedy?

    I responded that, the way I read the rules, it is a "motion to change" in which the party wants to set aside the minute of settlement because of non-compliance. But I am unsure of the answer, as I am not an expert in reading the Family Law Rules.

    The next question was: well if I need to bring a Motion to Change, then must it be in the same jurisdiction as the initial file? I had no idea what to asnwer to this particular question (The main reason being that the parties, meanwhile, changed residence).

    Any help would be greatly appreciated.

    Thanks!

    Dana

  • #2
    Here's my very limited understanding. If you have minutes of settlement which are not being respected and all other efforts to address the issue have failed, you can bring a motion in family court on the matter. I believe the first step would be to ensure that the Minutes of Settlement are completely signed by a judge as an "order of the court".

    There are a variety of enforcement and corrective measures available to a judge depending on the specific issue at hand. One common one seen in family law is asking for legal costs, which hits the other party in the pocketbook if awarded.

    From my own point of view, I myself would assume judges would want to see that all reasonable efforts to resolve the situation have been attempted, and I would also imagine they would frown on "frivolous motions" (so they might not look kindly on a motion over a few dollars, or a few hours).

    Comment


    • #3
      it is a motion on 100k as far as I understand. The party keeps asking the lawyer to ask the client to pay up. The lawyer for the other party does not respond.

      But what kind of motion???

      Is it a motion to change? (simply because the minutes of settlement have ended the case)

      Is it a normal motion for a case that already ended???

      This stuff makes no sense!

      Comment


      • #4
        was there an actual time frame for the money to be paid?

        Comment


        • #5
          Originally posted by standing on the sidelines View Post
          was there an actual time frame for the money to be paid?

          Yes, obviously. 60 days. It is past due, and the lawyer does not respond. Not a peep, not yes, not no, not please wait for me, not nothing. There were 3 letters and 2 phone calls left. Nobody answered back.

          I think three faxed letters and 2 phone calls would equate with "all reasonable efforts".

          The thing is, the minutes of settlement, purportedly, ended the case.

          I am not sure what the remedy is.

          Comment


          • #6
            For that kind of coin I would think a lawyer would be the way to go (I mean your friend should get a lawyer - if you friend *has* a lawyer and they are doing nothing, get a new one).

            Is the money arrears for child or spousal or money owed from equalization? If it is arrears the FRO may be able to assist.

            Comment


            • #7
              Either party can draft the Order and send to other party for approval of content.

              I agree with ross_toronto - get the Order in place first.

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              • #8
                Here is a recent case/decision from Saskatchewan which might be of interest and relevance to your situation:

                https://www.canlii.org/en/sk/skqb/do...16skqb115.html

                Comment


                • #9
                  Very, very interesting case.

                  Thanks a bunch!

                  Comment


                  • #10
                    Why on earth are the costs reserved when she won on all counts?

                    Comment


                    • #11
                      Have no clue. It certainly does not give an incentive to anybody to respect agreements.

                      Comment

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