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April 13, 2014 permalink
Enclosed is an example of the dirty tricks that are routine in litigation against persons not represented by a lawyer. Copies of documents filed with the court are not served on the adverse party days in advance of the hearing, but are often handed to them a few minutes ahead of time, or as in the enclosed incident, not at all. Without professional help or expertise, naive litigants are helpless in the face of deliberate misconduct by opposing counsel.
Is it LAWFUL for CAS to shove an order through chambers in less than 15 minutes WITHOUT serving other parties? (the parents) CAS served papers for an order to be passed WITHOUT serving papers to parents. CAS gives excuse about not serving papers by telling the Court they could not get a hold of parents (when in fact there is an answering machine at parents home, e-mail access and parents were home 90% of the time anyway) so.. Judge goes ahead and pushes order through anyway because CAS exaggerates makes circumstances appear as if there was this extreme risk so order MUST be rubber stamped. The affidavit ( instead of being a normal 5 pager) is a 50-75+ pages - something ridiculous. A TORONTO LAWYER, after looking at it said, it was very wrong and would not normally be acceptable in a Toronto court. He said it was all "Padding" and far too long mentioning things that are not necessary. A motion for an order he said should only need to be short. CAS finally serves papers to parents 3 days later , AFTER shoving order through showing a date for the paresnts to appear in court.... 3 days EARLIER!!! (and they get served on a Friday , so parents can not get representation easily and since the order went through anyway, it was too late... so .. Is it LAWFUL for CAS to shove an order through chambers in less than 15 minutes WITHOUT serving other parties? (the parents)
Source: Facebook, Canada Court Watch