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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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Old 04-19-2019, 08:08 AM
tilt tilt is offline
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Default Shredded affidavit

I was set for the May sittings. Yesterday was the final TSC (Im ready to go and have absolutely every i dotted and t crossed). I received notice via txt from my ex two days ago that they were no longer represented by their third lawyer as of the previous month. At the TSC the judge said they had received a Motion just the day before to remove the lawyer from the record (I have not received anything and the lawyer did not respond to my email sent after I received the txt although I show she read it right away). Over my objections the trial was again adjourned. Later I received an endorsement from the judge that said the lawyer was removed and the lawyers affidavit was shredded. Why would the affidaviat be shredded, is that normal or should I read something into it?
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Old 04-19-2019, 08:14 AM
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The affidavit likely contained the reasons for the breakdown of the solicitor-client relationship, and would have included confidential details of communications between your ex and the lawyer. It would be normal that you do not get to see that affidavit, and also that the court does not keep that affidavit in the file.
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Old 04-19-2019, 08:52 AM
tilt tilt is offline
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Thanks for your reply! My ex said it was for medical reasons and the judge referred a medical concern as well (which I strongly think was just a cover). So even with a valid excuse it would be shredded?
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Old 04-19-2019, 11:14 AM
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Rule 4(13) of the Family Law Rules:

NOTICE OF MOTION TO REMOVE LAWYER
(13) Notice of a motion to remove a lawyer shall also be served on the other parties to the case, but the evidence in support of the motion shall not be served on them, shall not be put into the continuing record and shall not be kept in the court file after the motion is heard. O. Reg. 114/99, r. 4 (13).

Since the affidavit is not being kept in the court file, the appropriate course of action is to destroy it. Hence, shredding.
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Old 04-19-2019, 03:50 PM
tilt tilt is offline
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Ah thanks so much! Now I can stop wondering and move onto more important things
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