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.

Closed Thread
 
Thread Tools
  #1  
Old 08-08-2006, 11:42 AM
independentgal independentgal is offline
Senior Member
 
Join Date: Jan 2006
Posts: 241
independentgal is on a distinguished road
Default Judge took my house away-ex being fraudulent

Well, I am happy to say I found this forum again after not being able to find it last year after joining.

I joined with questions for Examinations for Discoveries and had that wonderful experience twice already.


Now, I am further involved in serious legal problems with my ex husband. I am living in matrimonial home with our son. On the property is our business. It is jointly owned by both of us, but I have solely run it for the last 18 months despite his serious, repeated attempts to sabotage the business.

I became despondent over the amount of money paid to my lawyer when nothing was being solved and have attempted since December to come to an agreement of an offer to settle. I have obtained significant financing to buy the business/home from him. He has refused.

After submitting an offer to settle at least 5 times with no response, my lawyer finally got through to me that I needed to buy the property as an arms length transaction and then deal with our other issues at trial.

I made an offer of about 800K with my family's help and a private mortgage. i was/am desperate to settle so I can move on with my life/business.

A rich man who has been in collusion with my ex has been submitting offers through real estate to buy the property for approx. the same amount of money. My offers do not include real estate commission so I have some bidding leverage over this rich man.

My ex brought a motion at end of July to dispense with my consent and sell my home/business to to this rich man "in trust" based on a VERY CONDITIONAL real estate offer he made. In response, I made an offer for my property which exceeded this mans offer and it was UNCONDITIONAL.

At court, the judge took the CONDITIONAL offer over my UNCONDITIONAL offer and I now have less than 3 weeks to find a new place to live. I also have a large amount of livestock and need to find a suitable place for me, my son and the business.

I think it is absolutely criminal that the judge cannot see through my ex's lies and has forced myself and my son out of the only home he has ever known with less than 30 days notice.

The judge said that my lender was a fly by nighter-it is Mortgage Intelligence, owned by General Motors! Over 900 brokers in Canada! It was an unconditional offer that I made for more money than this other bidder!!

My lawyer says that I can appeal, but you cannot submit more evidence to sway another judge to rule differently. I only have a few days left to do it and frankly I am running out of money.

I am freaking out. It is completely unreasonableto expect myself and my son to move in less than 30 days with about 50 large animals. Also, the money from this property is tied up until trial which is tentatively scheduled for 12 months from now.

I am so busy trying to find a place to go that I do not have time to follow up on the judges decision because frankly there is not enough time to stop it!

How long do I have to appeal? Can the decision be reviewed after the fact? Can I submit new evidence?
  #2  
Old 08-08-2006, 12:51 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

independentgal,

That does not seem to be too fair of an order in consideration, you matched the third parties offer if not better.

I believe you have thirty days to appeal the order.

See rule 38(5) of the family law rules

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


HOW TO START APPEAL

(5) To start an appeal from a final order of the Ontario Court of Justice to the Superior Court of Justice under any of the provisions listed in subrule (4), a party shall,

(a) within 30 days after the date of the order or decision being appealed from, serve a notice of appeal (Form 38) by regular service on,

(i) every other party affected by the appeal or entitled to appeal,

(ii) the clerk of the court in the place where the order was made, and

(iii) if the appeal is under section 69 of the Child and Family Services Act, every other person entitled to notice under subsection 39 (3) of that Act who appeared at the hearing; and

(b) within 10 days after serving the notice of appeal, file it. O. Reg. 89/04, s. 13.

and see of same

rule 38(29) - motion for further evidence

MOTION TO RECEIVE FURTHER EVIDENCE

(29) Any person entitled to be heard in the appeal may bring a motion to admit further evidence under clause 134 (4) (b) of the Courts of Justice Act. O. Reg. 89/04, s. 13.

You will have to stay the current order pending appeal

STAY BY ORDER OF COURT

(35) A temporary or final order may be stayed on any conditions that the court considers appropriate,

(a) by an order of the court that made the order;

(b) by an order of the Superior Court of Justice. O. Reg. 89/04, s. 13.

EXPIRY OF STAY GRANTED BY COURT that made ORDER

(36) A stay granted under clause (35) (a) expires if no notice of appeal is served and the time for service has expired. O. Reg. 89/04, s. 13.

POWERS OF superior court of justice

(37) A stay granted under subrule (35) may be set aside or changed by the Superior Court of Justice. O. Reg. 89/04, s. 13.

EFFECT OF STAY GENERALLY

(38) If an order is stayed, no steps may be taken under the order or for its enforcement, except,

(a) by order of the Superior Court of Justice; or

(b) as provided in subrules (39) and (40). O. Reg. 89/04, s. 13.

SETTLING OF ORDER

(39) A stay does not prevent the settling or signing of the order. O. Reg. 89/04, s. 13.


lv
  #3  
Old 08-09-2006, 08:59 AM
independentgal independentgal is offline
Senior Member
 
Join Date: Jan 2006
Posts: 241
independentgal is on a distinguished road
Default

thanks so much for the information.

I have so many questions. OK, suppose this new property becomes mine. I lodge an appeal to the judge's decision on my current home/business. The only result of winning said appeal is that if I win an appeal, I now own two houses right?

My lawyer says that I should let it go. The judge remarked that he appreciated my version of events that my husband has sabotaged the business, investments, and our livelihood in an attempt to oust me from the home and our business.

My lawyer also said that the best thing for making a claim against my husband for his theft of assets, and the extra expenses I had to bear because he sabotaged the business IS THAT MY HUSBAND BUYS THE HOUSE FROM THIS RICH MAN. I knew last year that my ex's whole plan was to get in here and buy the property for less than market value. His whole agenda has proven that. The very judge who took the matrimonial home/business away from me in July ruled for my motion last year to prevent either of us buying the farm without consent of the court. My lawyer says we will rely on that if he moves back here. In essence, the house/business is going to sell for 300-350K less than it was appraised for. There are also significant additional claims for loss of income, diversion of assets etc. etc.

He has not paid a cent for my son since we separated. He is trying to say he only makes 20K a year and he only owes me 178 per month.
  #4  
Old 08-09-2006, 09:20 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

independentgal,

Quote:
The very judge who took the matrimonial home/business away from me in July ruled for my motion last year to prevent either of us buying the farm without consent of the court.
If your husbands agenda is to purchase the property from the third party, depending on the wording of the order he may be able to do so. It is a nightmare to reverse a real estate transaction once it occurs. However, from what you have mentioned, the spirit of the order already on record is quite clear, courts permission is required before each party can by the farm. This appears to be a indefinite order.

You could bring forth a motion to have the courts input a reasonable income to him for payable child support purposes and have a support deduction order issued by the courts. It appears somewhat that a joint custodial order perhaps is out of the question as a responsible parent centered on the well-being of the child would pay a volunteer amount to child support.

If your ex is only claiming that he makes 20K per year, how in the world would he raise a mortgage to purchase the party from the third party. If the transaction does occur, be sure to request all documentation of same including bank records, mortgage documents etc. It may reveal his true income.

lv
Closed Thread


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
Court seemed almost fun today Hephzibah General Chat 12 05-28-2011 11:24 AM
what do I do with my house?? jupiter_saturn Financial Issues 5 03-16-2010 12:46 PM
Can a judge force my ex to sell her house? frenchsquad Divorce & Family Law 3 11-27-2009 10:07 PM
Getting possesion of my house Max22258 Common Law Issues 5 07-08-2009 06:46 PM
Looks like I'll lose the house now, too! sasha1 Divorce & Family Law 12 06-27-2009 11:14 PM


All times are GMT -4. The time now is 11:47 PM.