Court Order Draft not complete

S

selfrepdad

New member
I am an unrepresented applicant who just went to the court house on Friday past to get a copy of the latest Temporary Court Order (in my favor) that was made November 30, 2015. The clerk had said that the draft for review has yet to be submitted. I was informed that I am not to write the draft but that a lawyer involved in the proceedings is to write it. Is there any repercussions as it's creeping up to 3 months incomplete. I had emailed the respondents lawyer in this regards and have yet received a reply. Would this lawyer be penalized in any way?
 
Actually you do not have to wait for the lawyer to write the draft (the opposing counsel is supposed to do this as an Officer of the Court). If you were represented by counsel the winning party is the one who is supposed to draft the Order. You can draft it yourself and send it to the lawyer for his approval on content. He would send it back to you with his recommendations on amendments or sign/approve on content. Then you take it to the court for judge to sign off on it.

Here are some references from internet I found which might help you:

https://www.lawhelpontario.org/laws...urt/how-to-guides-superior/issue-enter-order/

http://www.lsuc.on.ca/For-Lawyers/M...l-Litigation/How-to-Issue-and-Enter-an-Order/
 
Last edited:
arabian said:
Actually you do not have to wait for the lawyer to write the draft (the opposing counsel is supposed to do this as an Officer of the Court). If you were represented by counsel the winning party is the one who is supposed to draft the Order. You can draft it yourself and send it to the lawyer for his approval on content. He would send it back to you with his recommendations on amendments or sign/approve on content. Then you take it to the court for judge to sign off on it.

Here are some references from internet I found which might help you:

https://www.lawhelpontario.org/laws...urt/how-to-guides-superior/issue-enter-order/

How to Issue and Enter an Order | The Law Society of Upper Canada
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Thanks, I did not think I could do so. This will help.
 
selfrepdad said:
Her lawyer doesn't tend to reply to communications I send. What do I do if she doesn't amend or sign off on it?
Click to expand...

As per step 4 of "How to issue and enter an order", if the other party does not response by 30 days, proceed directly to the Registrar to force to settle.
If one of the parties refuses or fails to approve the order within a reasonable time, make an appointment with the Registrar to have the order settled (r 59.04(10)).
 
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