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I submitted my application and affidavit for Special Chambers and was just in court as the opposition booked a “speak to” in order to change the date. The judge set the date for May 4th, and did an order that opposing counsel date to cross examine me is Feb 23rd.
What is my next step? Is the application and affidavit I filed the one referred to in Note 2 within 2 weeks or do I need to do another?
Can I request a listing of questions I will be cross examined on? Do I also cross examine them?
On my application, which was originally prepped by my previous attorney, it included distribution of property, divorce and spousal support (there is family violence involved). When I was in court Tuesday I was told only spousal support will be addressed. If so, what process do I follow?
Background:
My attorney brought my application and affidavit to court last year (Husband noted in default in 2020), his attorney was approved a set aside. Their material didn’t make it to the Justice, so the order was that I bypass family docket straight to special chambers for spousal and retro support. I am now self rep. That was the only court session we’ve had. Previously we had mediations, which he broke every agreement. It’s been 3 years. He’s caused a lot of financial damages, which I have had to pay. Major damage RCMP said was a civil issues and wouldn’t breach him. I’m thinking of bringing the big financial items to the crown prosecutor on hopes they will charge him.
I appreciate any information and advice I can get. Thank you
015 months ago
Lisa Machut (Edmonton )
Thank you all so much for your assistance. The case is simple, now. No kids - they are grown. Major financial abuse. I was left and paid most of the debt.
His attorney is very difficult to work with. Currently, I have submitted my application and affidavit. The court set the Special Chambers date for May 4th. I have an appointment for them to question me on my application on the 23rd.
Question 1: Are they allowed to request documents from me prior to the meeting?
Question 2: In 2020 my husband was noted in default, in 2021 his attorney was granted a set-aside, Nov 2022 a fiat was filed and approved. Yet no response has been filed....clearly noting again in default. Do I file it again? I was going to note it in my concise letter.
Question 3: My application and Affidavit have been filed and served. Note 2 trigger dates were changed to January 31st. According to Note 2, they have missed the deadline to file a response. How is this normally handled?
014 months ago
Anonymous (Sherwood Park)
It is always advisable to speak to a lawyer directly or retain one.
Ordinarily, if you submit your application and affidavit, you're good. They are entitled to respond. If they have not responded to you yet, they may be waiting for after questioning. There should be an order that directs what needs to happen. After they provide a response (which may be after questioning), you can provide a reply. The timelines are set out in Practice Note 2, unless otherwise modified by the court.
At questioning, no you are not entitled to any questions in advance. If you wish to cross-examine them, you will need them to have provided an affidavit first for you to cross-examine on. You do not have to, but if you do cross-examine, you may be responsible for arranging the date and time and any conduct money. Hopefully if you tell the other lawyer you have questions, they can assist, as they should be able to help, within reason.
Spousal support can only be addressed because property and divorce requires either consent or a trial, not special chambers.
Unfortunately it sounds like too much here to really briefly respond. It might be more efficient to book a consultation with a lawyer, or hire one on a limited scope basis.
-15 months ago
Lisa Machut (Edmonton )
In 2020 my statement of claim for divorce was filed. This Special Chambers is for spousal support. Can I not bring in the claim for divorce and change it? The only assets are financial debts, which I believe is also getting covered in special chambers with spousal support…
@Lisa Machut: generally Chambers is only for procedural directions and temporary orders, such as to determine the temporary amount of support, or temporary parenting arrangements, until you can get to a trial. Trial is where property division is decided, unless it's incredibly simple (rarely the case) and each side agrees to forego their right to a trial.
It's possible to apply to "sever" the divorce so that you can get divorces while everything else is addressed, especially if there are urgent circumstances such as an impending re-marriage, however parenting arrangements and child support need to be addressed at a minimum before even a severed divorce can go ahead.
If there are only debts then family property division may not help, as the legislation is about dividing what assets are left after taking debts into account. If there's a joint debt, sometimes you can sue the other debtor if you have to pay their portion of the debt, but that's a civil claim, so you'd either have to file in civil court or amend your Statement of Claim to address that, and it would still be a matter addressed at trial.
This is all very general information though, there may be exceptions depending on your circumstances, you'd really need to speak to a lawyer to get a complete picture. Our director has lawyers who can be hired for advice as needed (legal coaching), rather than having to hire them to do everything: https://albertalegal.org/index.php
014 months ago
Lisa Machut (Edmonton )
I had 2 lawyers. It's been 3 years now with a whole lot of broken agreements (on his side) and serious financial abuse. My Lawyers did their best to be cost effective as possible, but now after caring all the financial Wei,I can't afford anymore legal fees.
Can I not bring into play the statement of claim for divorce? It was filed in 2020, he defaulted and that was the last of that. There has to be an easier, quicker way to bring this all to an end?
Thanks, Lisa
-15 months ago
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