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  • Judges powers

    I understand a Judge does not have the legal authority to make an order at a case or trial management conference . Now can a judge change an existing order because it is already one ???. If me or she is not in agreement to sighn for a judge to endorse then we go back into case conferences again and the judge would have to wait for trial until having the power to make a decision and cast an order regardless of either parties preferences. ???

  • #2
    I can only comment on what happened at my case conference. Both parties agreed and the judge go his pen out and wrote the order.

    I don't know the rules..but if both parties agree I guess it can happen.

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    • #3
      In my case, three different judges ordered that the case has to go to Trial. However Judge at TMC ordered that next step is Settlement Conference. I cannot settle because opposing side does not provide honest Fin. Statement. I see that such order brings unnecessary delay and financial hardship for me. Very sad that the Judge is well informed about my fin. situation. I am sorry to tell but this order in interest of opposing side.

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      • #4
        So did you agree and sine at the Judges guidance . If you refused to sine what would have happened next, like you mentioned, another whatever conference and then what?

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        • #5
          TO: Franklin
          I have no choice and I have to follow the judge's endorsement:
          1. proceed with mediation;
          2. if mediation is not successful, next step is SC for half-day
          - for SC I have to prepare SC brief, offer to settle and Document Brief;
          - I have to retain a counsel.
          These directions are in Judge's endorsement.

          The SC will be with the same Judge because he is a Case Management Judge. It seems that half-day SC is needed in order to press me hard. Also it takes longer to get a half-day in the Court. Time brings me financial hardship.

          I will prepare all docs but will not retain a lawyer because I had bad experience with them and I do not have funds to pay them. Moreover the Family Law Rules allow me be self represented. If the Judge will state that I breach his order regarding retaining the counsel and Judge will put me in Contempt, no doubt I will proceed with appeal.

          P.S. That Judge is very clever. Do not forget he was a lawyer too. During 2 TMCs he starts from opposing party and do not allow me to tell what I want to tell. It is a game. Otherwise my words are going be in transcript. He just covers his ...

          This reality show is called Ontario Family Justice!

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