Cancelling Questioning

[ONdad]

I originally had Questioning scheduled for June this year, but my lawyer sent correspondence to my ex's lawyer that he may have trial that day, so a date in July was set as the alternate. I didn't hear any more about it and my ex was away on that date, so it didn't happen. I then received notice (3 weeks ago) from my lawyer that Questioning would now be held this week. I have had a number of issues with my lawyer and am looking at changing representation, so I told my lawyer not to proceed with my case until I spoke with him. I also called my ex's lawyer last week to say that I wouldn't be able to attend Questioning.

My lawyer sent me an email saying, among other things, that my ex's lawyer has no intention of cancelling the Questioning and will "obtain a Certificate of Non-Attendance" if I don't attendand will "choose to proceed with the Questioning and obtain the relief available to her for your failure to produce an Affidavit Listing Documents and your failure thereafter to attend ready and prepared for Questioning."

I was supposed to go to some class, but I didn't receive any notification of that from my lawyer until after the date had passed. The first I'd heard of the Affidavit Listing Documents was under 3 weeks ago, with no explanation as to what that was.

I would like to have the Questioning re-scheduled to allow me time to either get my present lawyer to get his act together (unlikely) or find a new one. Questioning is on Tuesday and I'm not going to have a new lawyer by then. What can I do to minimize or eliminate the damage for not having the Affidavit Listing Documents and trying to cancel the Questioning? What are the possible repercussions?

Thanks

 

[hadenough]

I hope you get a better answer, but I say - you need to be there and if you're getting a different lawyer, tell your lawyer that - go to court and request an adjournment because you need to retain counsel. You do not want decisions being made in your absence.

 

[ONdad]

Thanks for the response.

Can anyone tell me what I need to do in order to request an adjournment?

Thanks.

 

[firhill]

What can I do to minimize or eliminate the damage for not having the Affidavit Listing Documents and trying to cancel the Questioning? What are the possible repercussions?

Thanks

I'm certainly not an authority on this by any means but I was informed by others that requesting an adjournment may make you liable for any extra costs incurred by the other side.

 

[hadenough]

Call the court/clerk's office and see if they can tell you how to request an adjournment. My ex's lawyer did it NUMEROUS times.

 

[ONdad]

This is at the bottom of the letter about the session:

To avoid a minimum cancellation fee of three hours (S 150.00), the scheduled sitting must be cancelled 48 hours prior

to reservation.
Invoice will be addressed to Booking Party.

I did notify my ex's lawyer last Thursday that I wouldn't be attending the Questioning, so it wasn't a surprise. My ex also couldn't make the second scheduled date, so I'm not the only one to want it re-scheduled.

Regardless, I can't proceed without a strategy at the very least and, realistically, a lawyer, so I don't think I have any choice.