Announcement

Collapse
No announcement yet.

Court Orders - Is there a time limit to fullfill any order?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Court Orders - Is there a time limit to fullfill any order?

    Hi, I would like to know how do things work as far as how long does one have to complete all the demands made within an Order Issued? If it makes a difference the option to check off Temporary or Final -- this Order is checked off as Temporary..

    In my case, the decision was made to assign costs then and there so the order does say: "The Applicant shall pay to the respondent her costs in the amount of $2,000.00". (no mention of a pay by date)

    I read the entire document looking for "a must be paid by date" and there is no date anywhere. If there is no date does it mean it "must be paid upon reciept of the Order"?
    (Or is this something that could be paid at the end as part of the final settlement and equalization?)

  • #2
    Even if the order does not say due 'forthwith', it usually means immediately. After 30 days of the date of the court order you could be found in contempt.

    If you plan to use it in financial settlement negotiations, you may wish to ensure the other party is formally notified of such.

    Comment


    • #3
      Originally posted by OhMy View Post
      Even if the order does not say due 'forthwith', it usually means immediately. After 30 days of the date of the court order you could be found in contempt.

      If you plan to use it in financial settlement negotiations, you may wish to ensure the other party is formally notified of such.
      I do not think you could be found in contempt of cost order. And yea it's 30 days if there is no date.

      RULE 26

      PAYMENT ORDERS

      (3) A payment order may be enforced by,
      (a) a request for a financial statement (subrule 27 (1));
      (b) a request for disclosure from an income source (subrule 27 (7));
      (c) a financial examination (subrule 27 (11));
      (d) seizure and sale (rule 28);
      (e) garnishment (rule 29);
      (f) a default hearing (rule 30), if the order is a support order;
      (g) the appointment of a receiver under section 101 of the Courts of Justice Act; and
      (h) registration under section 42 of the Family Responsibility and Support Arrears Enforcement Act, 1996. O. Reg. 114/99, r. 26 (3).

      OTHER ORDERS

      (4) An order other than a payment order may be enforced by,
      (a) a writ of temporary seizure of property (subrule 28 (10));
      (b) a contempt order (rule 31); and
      (c) the appointment of a receiver under section 101 of the Courts of Justice Act. O. Reg. 114/99, r. 26 (4).

      RULE 31: CONTEMPT OF COURT

      WHEN CONTEMPT MOTION AVAILABLE

      31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).

      I was under impression that cost order is fall into "payment order"
      Last edited by WorkingDAD; 01-16-2013, 06:18 PM.

      Comment


      • #4
        I personally do not have the cash at this point but have made an agreement to pay it last week. I was just curious when I did try to see the "what is the due date on this thing anyway???" -- So it looks like 30 days!!! Thanks all.

        Comment


        • #5
          Thank you WorkingDAD for the detailed response - I shall keep it in my keep folder!!! Regards, ddol1

          Comment


          • #6
            If you have an Order for an amount of money, pursue enforcement. Garnishment is one such method.

            Comment


            • #7
              Originally posted by OrleansLawyer View Post
              If you have an Order for an amount of money, pursue enforcement. Garnishment is one such method.
              I couldn't resist! (I did look back to see how that assumption could come to pass) I at this point I certainly wish it was the case for me today!! Time will tell what the future shall bring but, for some reason, your comment today really put a huge smile on me. That was a good thing, laughter is the world's best medicine sometimes!!

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X