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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 12-15-2006, 11:23 PM
McBroke McBroke is offline
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Default Draft Order -Rule 25-LV does it apply?

LV Can I respond to the other party's draft order with my own, can I include how I would like the money to be earmarked in my pension to pay the NFP and costs awarded using Rule 25, or does the Applicant decide that?

He served this on me on the 13th (His letter is dated the 6th): IF I can use Rule 25 does the 10 days start for A Draft Response start on the date I received the Draft or from the date of his letter.

What forms are required if I can and is there a fee and do I have to go to the courthouse to swear out service?

Thank you LV,
MCBroke
  #2  
Old 12-16-2006, 09:34 AM
logicalvelocity logicalvelocity is offline
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McB,

Quote:
He served this on me on the 13th (His letter is dated the 6th): IF I can use Rule 25 does the 10 days start for A Draft Response start on the date I received the Draft or from the date of his letter.
If the letter was by regular mail - By default, Service is effective 5 days after it was mailed or when received if less than 5 days.

Family Law Rules - http://www.e-laws.gov.on.ca/DBLaws/R.../990114a_e.htm

Rule 6

RULE 6: SERVICE OF DOCUMENTS

METHODS OF SERVICE

6. (1) Service of a document under these rules may be carried out by regular service or by special service in accordance with this rule, unless an Act, rule or order provides otherwise. O. Reg. 114/99, r. 6 (1).

REGULAR SERVICE

(2) Regular service of a document on a person is carried out by,

(a) mailing a copy to the person’s lawyer or, if none, to the person;
(b) sending a copy by courier to the person’s lawyer or, if none, to the person;

(c) depositing a copy at a document exchange to which the person’s lawyer belongs;

(d) faxing a copy to the person’s lawyer or, if none, to the person; or

(e) carrying out special service. O. Reg. 114/99, r. 6 (2).



Subrule 6(9) EFFECTIVE DATE, SERVICE BY MAIL

(9) Service of a document by mail is effective on the fifth day after it was mailed. O. Reg. 114/99, r. 6 (9).


when counting days

COUNTING DAYS

3. (1) In these rules or an order, the number of days between two events is counted as follows:

1. The first day is the day after the first event.

2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).

COUNTING DAYS — SHORT PERIODS

(2) If a rule or order provides a period of less than seven days for something to be done, Saturdays, Sundays and other days when all court offices are closed do not count as part of the period. O. Reg. 114/99, r. 3 (2).

DAY WHEN COURT OFFICES CLOSED

(3) If the last day of a period of time under these rules or an order falls on a day when court offices are closed, the period ends on the next day they are open. O. Reg. 114/99, r. 3 (3).


Rule 25(2) - SUCCESSFUL PARTY PREPARES DRAFT ORDER

(2) The party in whose favour an order is made shall prepare a draft of the order (Form 25, 25A, 25B, 25C or 25D), unless the court orders otherwise. O. Reg. 114/99, r. 25 (2).

Rule 25(4) - APPROVAL OF DRAFT ORDER

(4) A party who prepares an order shall serve a draft, for approval of its form and content, on every other party who was in court or was represented when the order was made (including a child who has a lawyer). O. Reg. 114/99, r. 25 (4).

Rule 25(5) - SETTLING CONTENTS OF DISPUTED ORDER

(5) Unless the court orders otherwise, a party who disagrees with the form or content of a draft order shall serve, on every party who was served under subrule (4) and on the party who served the draft order,

(a) a notice disputing approval (Form 25E);

(b) a copy of the order, redrafted as proposed; and

(c) notice of a time and date at which the clerk will settle the order by telephone conference. O. Reg. 114/99, r. 25 (5).



Rule 25(6) TIME AND DATE

(6) The time and date shall be set by the clerk and shall be within five days after service of the notice disputing approval. O. Reg. 114/99, r. 25 (6).


DISPUTED ORDER — SETTLEMENT BY JUDGE

(7) If unable to settle the order at the telephone conference, the clerk shall, as soon as possible, refer the order to the judge who made it, to be settled at a further telephone conference, unless the judge orders the parties to come to court for settlement of the order. O. Reg. 114/99, r. 25 (7).

Quote:
LV Can I respond to the other party's draft order with my own, can I include how I would like the money to be earmarked in my pension to pay the NFP and costs awarded using Rule 25, or does the Applicant decide that?
Yes, refer to subrule 25(5) above.

However, you will need:

Form 25E - Notice disputing approval;

a copy of the handwritten Judicial endorsement; (For Reference purposes)

a copy of the order, redrafted as proposed; (Form 25)

Affidavit of service completed and filed once the documents were served.

And a pre-arranged time and date with Court Registrar to discuss the disputed order The other party has to be made aware to participate either by conference call or at the court house.


lv
  #3  
Old 12-17-2006, 12:42 AM
McBroke McBroke is offline
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Default Completing forms

LV,

When I complete Form 25E, are reasons for the revised draft " the current wording of the Draft Order would create Undue Hardship for the Respondent and be in contravention of the Family Law Rules. Also the way the letter from her lawyer reads about collections commencing without further warning to you, can I add this to my reasons for creating undue hardship?

I also read in the Family Law Act in regards to changing the method of payment may be made by the court in an application under Section 7:
(1) In an application under section 7, the court may order,....

How do I apply under section 7? Do I simply state this on my Form 25E?


I'm just a little confused about the process.

Thanks LV

Mcbroke.
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