"I think the Judge's decision was wrong ~ what do I do now?"

....what you do now depends on the type of hearing at which the Judge made his or her decision and the level of court you attended. You may or may not have the right to appeal the court decision.

Before you do anything at all, I suggest you speak to a lawyer and present him or her with the particular facts of your case. You should do so promptly so you preserve for yourself the ability to take further steps, if you wish to do so.

Here are some broad principles to consider:

Generally speaking, Judges do not make substantive decisions at Case Management hearings like Case and Settlement Conferences. In other words, barring unique circumstances, you will not come out of a Case Conference, for example, with a decision for or against you on child support. Their decisions are generally limited to procedural issues like disclosure timetables, timing and scope of questioning, etc. Such decisions are not subject to appeal. All that being said, you may have been involved in a unique case and you may have a right of appeal - speak to a lawyer.

If the court order with which you are not happy came following a motion or a trial, then different rules and timetables apply to appeals related to them. It is important to consult a lawyer quickly after receipt of the decision because in some instances, legislation expects you to react in a timely manner by filing a Notice of Motion for Leave to Appeal, for example, or a Notice of Appeal. The document you have to serve and file to signal your wish to contest a court decision depends, among other factors, on the type of hearing you attended and the level of court. These same considerations will also impact on the court to which you direct your next steps.

Then there is the entirely different subject of whether or not the decision you wish to appeal (assuming you can) is likely to be overturned. Appeal courts have their own tests to assess the type of "error" (if any) made in the decision with which you are not happy. Again, this is a complex area of the law and while many people choose to represent themselves in court (and are, of course, free to do so) appeals can be particularly complex and should not be undertaken without counsel assisting you.

Sophie Van Moffaert ~ "Scene Epicee"

"Will the Judge ask me questions in Court?"

Clients ask us this question from time to time. It is usually associated with a measure of unease or even anxiety. The answer depends on the hearing you are attending.

At a Case Conference, for example, your having a direct dialogue with a Judge is possible but unlikely, particularly if you are attending with a lawyer. The Judge can ask a party questions and if he/she does, you will be expected to answer. There is no reason to be nervous, however. You are not being tested in any way - the Judge is likely simply trying to gather information. For example, your lawyer may be able to answer only a part of the question asked by the Court and you may be asked to provide further detail. This is a great opportunity for you to show that you are sincere, credible and interested in assisting the Court. Speak as clearly as you can and take a drink of water (provided in the courtroom) if you think that will assist.

At a Motion, by way of further example, your speaking to a judge is highly unlikely as most family law motions in Ontario proceed by affidavit rather than oral evidence. This means that the Judge presiding over the motion receives the parties' respective evidence (and the evidence of any other witnesses) in writing. There are rare situations in which a motion proceeds by viva voce evidence (meaning by the "live voice" of a witness). In such situations, the witness (maybe you) will respond to questions from a witness box and those questions may include some from the Judge. This latter scenario is also the most likely at a Trial.

You should ask your lawyer as many questions about court procedure as you need to feel comfortable and informed. Calm, informed clients are very helpful to their lawyers and they also present better to the Court.

Art work: Evelina Oliveira

"I am going to a Case Conference - what can I expect?"

A Case Conference is one type of hearing in a series of hearings expected to take place in a family law case in Ontario under the Case Management system of court practice.

Case Management in family courts in Ontario is designed to keep cases "on the rails" and moving to their resolution in a prompt, organized and cost-effective way.

A Case Conference is generally the first hearing in this system - it is expected to take place soon after the court case is commenced. It is a meeting of a judge with the parties and their lawyers (if they are represented) to discuss the most pressing of issues, to organize the exchange of documents and disclosure and to schedule any necessary contested hearings and questioning. All discussions at a Case Conference take place on a "without prejudice" basis, meaning, they cannot be repeated at a contested hearing. The judge presiding over a Case Conference has the power to make some court orders. All court orders are made on a "with prejudice" basis, meaning that they affect the parties and the overall court case.

Your Case Conference may take place in open court or in the judge's office (chambers). Practice varies depending on the judge and the jurisdiction. Dress comfortably but appropriately. The judge may (but is not likely to) ask you questions.


UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

• Financial Statement (both long-form and short-form); and
• Affidavit.

MORE MANUALS TO COME! 

Robert Roth - Landscape