Summoned Witness - Do they have to go?

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GoDiegoGo said:
It's family, so I can get receipts... never asked for them before.

These are services that I need, and can't do from my wheelchair, so the fact that they are being done should be proof that I'm getting help.

I can't say what others do, but I need these services and pay each month from my account. I will get receipts as well. The insurance submitted letters that I need these services, that they meet with my provider, and pay the money for her. Then my service provider has submitted a letter stating she is providing the services and being paid.

what else can i do?
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i am not sure what you can do. You get receipts now and the judge will look at them and know they were written up just for court. If your relative did claim it on her income tax then that would be the concrete proof you need.

Yes things that you need to be done are getting done, that doesnt mean you are paying someone to do it.
 
I was once audited by the Worker's Compensation Board in Alberta. A former disgruntled employee decided to have some fun with us. WCB came in and did a very thorough audit of my books. I recall it took over a week. While I've been audited by many government departments I have to say the WCB was the most thorough and scary.

My recommendation to you would be to find out who is responsible for WCB - you or the 'service provider.' Have your relative prepare detailed statement and take it to a lawyer or commissioner of oaths and swear an affidavit. If your relative is indeed too sick to attend court then she should get a medical certificate/letter from a physician specifying why she is unable to attend court. I do not know the specific steps on doing this but perhaps duty counsel can advise her.
 
My ex was arrested for DV and very abusive throughout our marriage. She's on tape admitting all the horrible things she's done and the fact that I've been a great dad. She tried to flee with the children, and breached court orders. She was in breach and found in contempt with her first husband. She has been caught lying to the judge, police, cas...

With all this, I still hear her claims everytime we're in court that I'm the one who's dishonest and abusive.

I'm not worried about all the claims she keeps making, but I definitely don't want the judge thinking badly of me. I will get receipts and hopefully still convince her it won't be stressful and she should go. I just want to make sure I'm doing all I can to protect myself if she chooses not to.
 
I am sorry you are in a wheelchair.

I am aware, however, that wheelchair-bound individuals are quite capable of being abusive. Your ex was a terrible person but you married her. Anything that went on in her previous marriage is irrelevant. I'd drop that line if I were you - Judge's weren't born yesterday.
 
Anyone can be abusive, regardless of disability. The fact that she is on tape admitting all the abuse she's done to me and the kids, and the fact that she states that I've been a great dad... should go in my favor. Yes I married her, and yes it was my mistake for getting married so fast without really knowing her. The "craziness" came after we got married... once the kids came, like a true victim, I tried to tell myself it will change and to stick it out for the kids... after her 3rd big attack, I knew it wouldn't change and I had to seperate for the kids.

Regarding my service provider/sister, again I will push to convince her to attend the motion. If she is adamant in not wanting to go, I will get another affidavit from her and attach her medical letter to it as well. I believe that is all I can do at this point.
 
I really don't know if she is...

She's not working, so I think she wouldn't have to pay anything if she did claim the $4k a year.

Plus she only started to help me in Jan 2012, so I don't think she's done taxes since then...

Before that my ex did the services and was paid for it.

I know it may seem like she doesn't want to go to court for tax purposes, but it really is just a stress/health issue. She is extremely cautious of her health now with the cancer and will do anything she can to avoid the stresses.
 
The only thing that may help your case is that she has not prepared her taxes, however there really shouldn't be any stress if she is doing everything legal, what stress will she endure? Seeing as she is not working she will have a simple tax return, which will take no time at all to prepare. Have her prepare it and submit that as proof.
 
I know some people don't like hospitals... so i guess her thing is court.

My ex has made so many lies and claims over the past year, so there's no saying what she'll say/do at court.

My provider doesn't want to attend, be accused of nonsense and have the pressure of defending herself.
 
She hasn't received the summons yet. My ex just requested her address yesterday saying she wants to send a summons to appear. Motion is in 12 days.

Do you know off hand what options are available usually?
 
all this worry over nothing. Your ex may have just been trying to scare you. Your relative can look it over when/if she gets one and see what she needs to do.

Just remember if she tries to avoid it, the perception may be that she has something to hide.
 
You are under no obligation to provide that information.

Should that person be served, they need to show up, or contest it as directed on the document.
 
My ex sent me 4 messages last night asking for my provider's address.
I wrote back telling her I didn't know it and that she could try sending it to my house instead.

She then sent my provider 6 messages (text and email) today asking for her address, and that if she doesn't hear back by midnight tonight, she will be sending her summons to my house.

Should she reply? Does it still count if my ex sends the summons to my house?
 
Your Witnesses

During the Trial Management Conference, you will discuss your witnesses and their evidence with the trial management judge. At this Conference, you must bring your list of witnesses, what you expect your witnesses to say, and the list of documents that your witnesses will bring with them to trial.

When you are preparing for trial and you want a family member or a friend to be a witness, you should ask the family member or friend to come with you. If you want to ensure that your family members, friends or other witnesses come to the trial as witnesses, you will have to fill out Form 23: Summons to a Witness. This form must be served on the witness and filed with the court. If you are using Form 23, you must pay your witness for every day that the witness is required in court. You will find the witness fee in rule 23 of the Family Law Rules. The witness fee must be served on the witness along with Form 23: Summons to a Witness.

You should only call witnesses who have information that will help the judge decide your case and is relevant to the orders that you want the judge to make at the trial. You may also call witnesses who have information that goes against the other party’s case.

It is important that your witness tells the truth. With some exceptions, the witness can only tell the court about evidence that they know themselves, not what other people have told them.

You should meet with your witnesses before the trial. You should tell them that they must tell the truth regardless of how the evidence may affect you.

Tell your witnesses to bring documents that support your case with them. If you use Form 23: Summons to a Witness, you should list the documents that you want the witnesses to bring with them. Bring the original and at least four copies of the documents to court. The original document is the one that should be filed with the court.

from: Representing Yourself at Your Family Law Trial – A Guide | Ontario Court of Justice

More information below:
Being a Witness
 
Your personal care assistant works for you - you should know her phone number and address. All you have to do is call her and ask her for her address. IF you have nothing to hide this shouldn't be difficult for you.

This situation doesn't add up. It sounds like you are "coaching" your personal care assistant on how to answer your ex's emails etc. Why are you being difficult? Let your ex serve the summons. Being uncooperative and trying to manipulate the situation isn't smart.

If you have nothing to hide you should be cooperative.
 
Yeah, a lot of hassle and drama, for what should be a simple matter for the OP.
How do you not know your family member/service provider's address?

Others already provided valuable advice...be cooperative, and if your family member/service provider is summoned to court, they need to appear.
 
My service provider just moved, so I didn't have her new address. Because of this, at court the judge told my ex she could send the summons to my house. A couple hours after court, my ex sent me several emails/texts again asking for their address. I replied right away saying to send it to my house, as the judge said, and I provided the name/phone number of my service provider.


My ex then sent my service provider several emails/texts asking for her address before midnight that night. That's when my provider told me her cancer/stress issues and asked if there was anything I could do. That's why I posted here. With the replies I received, I assured my provider that it would not be stressful however it would be a lot more stressful if she ignored the summons.


The next day my provider replied to my ex with her address.


A few days later my ex contacted my insurance adjustor saying she was going to send her a summons because I was fraudulently keeping the benefit money, by ordering food instead of hiring a cook(service provider). My adjustor told my ex there was nothing wrong with that... and later told me my ex was "not pleased" with her response.


Needless to say, it's been almost a week now and no summonses have been sent to anyone.
 
Well then you have nothing to worry about do you? I thought your original post implied that your ex had initiated contempt of court proceedings.

False alarm. Perhaps there is no need for the thread to continue.
 
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