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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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  #1  
Old 01-25-2015, 02:07 PM
kidsRworthit kidsRworthit is offline
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Default Cost award payment NSF - can motion request still be stricken

At recent motion, judge was asked to strike motion of opposing party, since cost award remained outstanding for 8 months. Response was: if opposing party makes outstanding cost award payment now, the motion could be heard.
Opposing party made cost award payment (cheque passed to me); then judge heard motion and made ruling.
This cheque was just declared NSF by my financial institution.

Question: what is my recourse to: a. appeal the ruling, since the cost award was not in fact paid (therefore: the motion should NOT have proceeded)
b. order for security for costs [FLR 24 (13)]

I could find no reference to this issue by searching posts.
Appreciate your insight!
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Old 01-25-2015, 10:07 PM
The Iceberg The Iceberg is offline
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I would go with A. The other party tricked the judge as well as you
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Old 01-26-2015, 11:18 AM
Berner_Faith Berner_Faith is offline
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Cannot only appeal if there was an err in law? Clearly the ex pulled a fast one but that doesn't give grounds for an appeal if the judge followed the law.

Lesson learned... get a certified cheque next time. did his motion cause you to lose something that you now want to undo?
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Old 01-26-2015, 11:36 AM
Mother Mother is offline
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Quote:
Originally Posted by Berner_Faith View Post
Cannot only appeal if there was an err in law? Clearly the ex pulled a fast one but that doesn't give grounds for an appeal if the judge followed the law.

Lesson learned... get a certified cheque next time. did his motion cause you to lose something that you now want to undo?
... or a money order. And as they say: money in the morning, chairs in the evening. Yes, lesson learned, but wow, to give an empty cheque in front of a judge, you have to have nerves and arrogance... .

I think the ruling was not in the OP's favor otherwise they wouldn't want to void it.
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Old 01-26-2015, 01:06 PM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by Mother View Post
... or a money order. And as they say: money in the morning, chairs in the evening. Yes, lesson learned, but wow, to give an empty cheque in front of a judge, you have to have nerves and arrogance... .

I think the ruling was not in the OP's favor otherwise they wouldn't want to void it.
I agree... very arrogant, but the point is, can one really appeal the decision on the basis that the cheque bounced?
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Old 01-26-2015, 01:09 PM
Mother Mother is offline
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Quote:
Originally Posted by Berner_Faith View Post
I agree... very arrogant, but the point is, can one really appeal the decision on the basis that the cheque bounced?
I don't know but I doubt it. Don't think it's possible.
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Old 01-26-2015, 01:43 PM
shirley1011 shirley1011 is offline
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If you haven't contacted him to replace the NSF cheque, you can file a criminal charge with the police. If you did contact him, that means you are offering him terms and a chance to pay. Good Luck.
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Old 01-26-2015, 03:19 PM
Mother Mother is offline
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Criminal charges for a NSF cheque? Are you kiddin' us? Half Canada would be in jail by now.
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Old 01-26-2015, 03:22 PM
shirley1011 shirley1011 is offline
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you have to go to the police station and they will ask if you have contacted the person to replace the cheque...if not they will lay charges...when it goes to court usually if the person pays up either before or that day charges will be dropped...but very effective way....however if you contact the person you are in fact giving them terms. Having a business for years we learned this early on.
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Old 01-26-2015, 03:56 PM
good_mom good_mom is offline
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Correct if the cheque was written without funds in the bank to cover it is fraud.

My father is a contractor...had a client charged this fall due to 2 bounced cheques. (50,000) Police are charging client due to fact that he knew there was no funds in the account at the time the cheque was written. Police contacted bank and found out that this was the case.

Cheques now should be considered automatic payments, like cash and funds should be in account to cover the cheque.
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