Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #21  
Old 01-10-2019, 02:28 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 175
StillPaying is on a distinguished road
Default

Read a little further down...

Quote:
Motions to Change

A request to change a final order is made by filing a motion to change under Rule 15. The first case conference on a motion to change a final order or agreement shall be scheduled before a Dispute Resolution Officer (DRO) for those centres that have a DRO program (Barrie, Newmarket and Oshawa) in accordance with Part I of the Consolidated Provincial Practice Direction

Quote:
Originally Posted by rockscan View Post
At DRO conferences the presiding member doesn’t order anything which is why I say book a CASE conference.
They accomplish the same thing as a cc with a judge. They'll have no issue booking another cc, or a sc if you want. The consequences are huge depending on whether you stay at a cc or move forward with your case.

Quote:
Nadia’s case involves section 7 stuff which is always disputed. Depending on what happens in the DRC, a settlement conference may be the next step. Again, it depends on how reasonable her ex is and what happens if he does show up. Only she will know that and not until tomorrow.
Which is why she should schedule a sc and not another cc. Then it's up to her whether she brings a motion before or after the sc.

Quote:
DRC are not like a conference where the judge says “we’ll book the next conference” which is why I recommended she book the next appearance following the conference because nothing is really accomplished at them.
I give up....
Reply With Quote
  #22  
Old 01-10-2019, 02:43 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,554
rockscan will become famous soon enough
Default

Did you have a DRC in your case?

If not then stop commenting on what happens at them. They are a special ring of hell that even lawyers hate.
Reply With Quote
  #23  
Old 01-10-2019, 02:51 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 175
StillPaying is on a distinguished road
Default

Quote:
Originally Posted by rockscan View Post
Did you have a DRC in your case?

If not then stop commenting on what happens at them. They are a special ring of hell that even lawyers hate.
I've mentioned several times that I have and why it is a cc with DRO yet still a cc. I think this is the 3rd thread I've tried to explain it to you, but I respect the idea of your post.
Reply With Quote
  #24  
Old 01-10-2019, 03:18 PM
Nadia Nadia is offline
Senior Member
 
Join Date: Feb 2010
Posts: 688
Nadia is on a distinguished road
Default

For a Motion to Change one cannot schedule a motion hearing without first having some kind of case conference first. The idea is for reasonable parties to try and get what they can off the table so to speak. Obviously if one or both parties are completely unreasonable it is not helpful to schedule another case conference. If however, it appears the parties are close to an agreement on most issues, it would make sense to schedule another case conference to iron out the details, give folk more time to think and avoid costly litigation. In short. I think it is decided on a case by case basis. So, you are both most likely correct.

All That I know is that the only Orders made at a Case Conference are by consent. The case conference brief is removed from the continuing record. The whole point of a case conference is to get parties to reach some sort of consensus on issues they can and narrow other issues for litigation. Depending on who the DRO officer is, you could request and receive procedural orders related to disclosure.

I was led to believe that after the DRO and assuming nothing is agreed via consent, I can proceed to a Motion Hearing. And there are so many unknowns and no certainity. Will the OP turn up and attend tomorrow? I am assuming nothing is going to be straight forward. What biases will the DRO officer have? All I know is that it is going ahead. I’ll keep you guys posted.

Last edited by Nadia; 01-10-2019 at 03:22 PM.
Reply With Quote
  #25  
Old 01-10-2019, 03:37 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,554
rockscan will become famous soon enough
Default

To make it even more complicated, at the motion date last year, while going through the docket first thing, the judge told a few cases to go back and settle certain issues based on his recommendation and then come back for his endorsement. My fiance’s case kept getting interupted by the lawyers coming in and asking questions.

Even if your ex does show tomorrow, unless he agrees on consent, not much will happen. Listen to the person overseeing the conference, see what your ex disagrees on, make an offer to settle after and then decide on the next step that works for you.
Reply With Quote
  #26  
Old 01-10-2019, 06:18 PM
Nadia Nadia is offline
Senior Member
 
Join Date: Feb 2010
Posts: 688
Nadia is on a distinguished road
Default

[QUOTE=rockscan;233090]To make it even more complicated, at the motion date last year, while going through the docket first thing, the judge told a few cases to go back and settle certain issues based on his recommendation and then come back for his endorsement. My fiance’s case kept getting interupted by the lawyers coming in and asking questions.”

That is not unusual. Especially when there are several motions on the docket. A good judge will often send parties outside to see if they can reach an agreement by themselves. To be honest it’s probably the best way. Far better than asking a complete stranger to make a decision based on sworn affidavits and oral arguments only.

Last edited by Nadia; 01-10-2019 at 06:26 PM.
Reply With Quote
  #27  
Old 01-11-2019, 09:58 AM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 175
StillPaying is on a distinguished road
Default

Quote:
Originally Posted by Nadia View Post
For a Motion to Change one cannot schedule a motion hearing without first having some kind of case conference first. The idea is for reasonable parties to try and get what they can off the table so to speak. Obviously if one or both parties are completely unreasonable it is not helpful to schedule another case conference. If however, it appears the parties are close to an agreement on most issues, it would make sense to schedule another case conference to iron out the details, give folk more time to think and avoid costly litigation.
This is why it's so important for you to complete your cc and not book another. What you are talking about is what a sc is for. It'll give you more time and you'll end up with a judge helping you settle. It'll also give you the power to bring a motion anytime. If you schedule another cc, it can get delayed and you'll be stuck.

Quote:
All That I know is that the only Orders made at a Case Conference are by consent. The case conference brief is removed from the continuing record. The whole point of a case conference is to get parties to reach some sort of consensus on issues they can and narrow other issues for litigation. Depending on who the DRO officer is, you could request and receive procedural orders related to disclosure.
This is exactly the point of the cc, whether with judge or dro. Fight to move forward with your case and don't let it be adjourned. The sc is just like a cc, but more focused on settlement.

Quote:
I was led to believe that after the DRO and assuming nothing is agreed via consent, I can proceed to a Motion Hearing.
Only if you complete the cc. If you adjourn or book another one, you can't!
Reply With Quote
  #28  
Old 01-11-2019, 01:42 PM
Nadia Nadia is offline
Senior Member
 
Join Date: Feb 2010
Posts: 688
Nadia is on a distinguished road
Default

This is what happened this morning.

1. The OP did turn up and told the DRO that he was blindsided by the case conference and only received the materials on January 1. Hence hasn’t really had time to prepare
2. I produced a copy of my emails asking OP whether he wanted to adjourn sent four days ago and whether he needed more time to file his materials.
3. The DRO explained to the OP how child support is calculated etc and encouraged OP to at least start paying what he accepts he should be paying based on his current income. He was strongly encouraged to seek legal support on this.
4. Settlement/TMC conference scheduled for June to discuss contribution towards special section seven expenses.
5. I was told should the OP not come to an agreement regarding child support I can proceed to a motion hearing on this.

Next steps: I am going to send him an Offer to Settle regarding Child Support and address the other issues related to special section seven expenses at the Settlement/TMC.

Last edited by Nadia; 01-11-2019 at 01:44 PM.
Reply With Quote
  #29  
Old 01-11-2019, 01:57 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 4,554
rockscan will become famous soon enough
Default

If the section 7 expenses are straight forward (ie: daycare, medical, tutoring etc.) then put those in your offer to settle. He is obligated to pay specific section 7 expenses regardless of whether he agreed or not. Anything else could be negotiated at the settlement conference.

Think he will get legal advice? He was pretty stupid to play the disclosure game and then pull the “I didn’t know” excuse...
Reply With Quote
  #30  
Old 01-11-2019, 02:29 PM
Nadia Nadia is offline
Senior Member
 
Join Date: Feb 2010
Posts: 688
Nadia is on a distinguished road
Default

Yes the special section seven expenses are straightforward. We already have three separate court orders stating that the expense is both necessary for the child and reasonable for the OP to contribute to.

Yes it was silly of him to produce that stunt. Will he seek legal advice? I don’t know but the DRO made a note of it in her endorsement. If he doesn’t and gets served with a Notice of Motion and refuses any offer to settle - then it might back fire on him.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Case Law, Case Conference and Mediation Free-spirit Divorce & Family Law 5 09-30-2012 09:55 PM
Case Conference first timer Divorce & Family Law 6 02-14-2012 04:21 PM
Filling evidence for Case Conference?? Frustrated_DAD Divorce & Family Law 3 08-09-2011 12:51 PM
Postponing Case Conference frustrateddad1970 Divorce & Family Law 2 06-18-2011 11:38 AM
No doc been served from Respondent for case conference nick2009 Divorce & Family Law 6 01-22-2010 07:38 PM


All times are GMT -4. The time now is 02:33 PM.