what to expect at a case conference

[mcj2012]

Hi all,

I have an upcoming case conference days away and I haven't been able to sleep over it!

First of all, being in a room with someone who despises me and the feeling may actually be same is making me sick to my stomach.

In short, we are currently arguing changing child support payments as my ex has been claiming she makes a certain amount on her T4 and claims that the corporate income should not be included. She has only given limited information in terms of her corporation and after one year later is still is withholding financial info. These are amongst many items we are to argue at the case conference.

My lawyer reassures me that I probably will not be speaking as long as the judge is not asking me a question directly. Which is good because I am trying to practise how to keep my anger and emotion in tack after hearing some of her ridiculous answers to my application.

any advice or what I should expect from this case conference. How long does it last and does it end there...hopefully this will be the last of it.

thanks all!

[arabian]

I'd be sure your lawyer is fully prepared with a very detailed list of what financial information you are seeking AS WELL as case law backing up the request. Without being specific this matter (requesting financial information) can go on and on for a very long time.

[mcj2012]

Yes, the list is extensive. What we especially are asking is for her to produce her general ledgers. Which she is refusing. I have already waited over a year for this, you are saying it could go on longer?

What exactly is a case conference for then?

[mcj2012]

Also, I am not an accountant, but can someone enlighten me as to why a corporation would not want to divulge their general ledger?

[arabian]

Yes it can and will go on for many many more months if specific requests are not made with specific deadlines. If ex doesn't comply with that then you can definitely go the contempt of court route.

A corporation (your ex) does not want to show the money-in-money-out for many reasons. They don't want you to be able to dispute their business expenses which is exactly what you have to do to determine income for the purposes of support. A favorite tactic is to simply give you the tax returns and tell you to shut up and don't ask questions. When dealing with a self-employed individual it is important to look at ALL income and expenses.

If you find irregularities with the general ledger then you can request corroborating information (bank statments/GST/HST detail reports). This keeps things from being a fishing expedition.

[serendipitous]

The same reason a party in a divorce case doesn't want to make financial disclosure via tax returns etc.....no manipulate the systems, hoping to get more than they are entitled to.

Just love when a Judge lambasts a person for playing dumb, and having an attitude of self entitlement. It's priceless

Also, I am not an accountant, but can someone enlighten me as to why a corporation would not want to divulge their general ledger?

[mcj2012]

So basically at the case conference Judge will tell her to give it up and then we all go away and come back another day?

[Janibel]

Yes, the list is extensive. What we especially are asking is for her to produce her general ledgers. Which she is refusing. I have already waited over a year for this, you are saying it could go on longer?

What exactly is a case conference for then?

A CC is supposed to help the parties narrow down the issues to hopefully avoid going to trial by hammering out a deal. In reality it is (IMO) a total waste of time and only serves to line the lawyer's wallets with your money.

Unless you can obtain complete financial disclosure, there's really no point in negotiating anything at this point.

[serendipitous]

The onus is on you to show the Judge that numbnuts has no intentions of coming forth with a financial disclosure, with timeline to date that proves this, and hopefully your Judge at case conference like mine, will say..."listen Ms, I am not your mother..what did you think was going to happen, that you come here and ask for xyz, and I just give it to you"? Then in light of this...

- Dismiss claim for SS
- claim for pension split, and instead say both parties keep their own pension
- award you money spent getting house ready for sale
- Dismiss claim for back dated in-house separation CS
- grant you divorce on the spot

So basically at the case conference Judge will tell her to give it up and then we all go away and come back another day?

[mcj2012]

@ serendipitous...did the judge make all those rulings you just mentioned at your case conference?

[serendipitous]

Pretty much...but it was bordering on settlement conference. As per procedures in the FLR (family law rules).......

In addition to case conferences, you may al
so ask for, or the
judge may order, a
settlement conference and/or a
trial management
conference.

Judge at the case conference saw through the BS, and the puck dropped. Oh, I should add that there was no need for FRO due to a stellar track record of ongoing CS

@ serendipitous...did the judge make all those rulings you just mentioned at your case conference?

[yhm]

Not much happens at a case conference. The case management judge (who is precluded from being the trial judge) will opine in such a way that a rational party may get the hint. An irrational party, not so much.

When you're dealing with an irrational party, it is on to the settlement conference, which is a re-run of the case conference, then trial ...

[mcj2012]

Strange thing happened today, I happened to have a conversation with someone who has be in family law court in and out for 6 years. I have just learned that the lawyer that my ex has retained is the top lawyer in our area. Not only does he practise family law but also specializes in corporate law. I am also told that he is well connected with the judges as he was also a judge in that region himself. I think I am in big trouble...While my ex remains irrational and any normal person would think so, how much influence do you think he will have on the preciding judge. Do you think his popularity will affect my case?

[arabian]

um, if the lawyer does corporate as well as family law your ex should be concerned (not you).

Don't believe everything you hear, particularly from non-lawyers. In your case don't believe ANYTHING this "someone who has be in family law court in and out for 6 years."

Effective lawyers know the facts and present the case in a clear and concise manner. If anything the bar would be higher for an experienced lawyer.

[Straittohell]

The other thing is that sometimes, a really good lawyer is also good at getting their client to climb down from the crazy tree.