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Law Maven
Law Maven, Lawyer
Category: Canada Family Law
Satisfied Customers: 163
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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I am placing a motion re change of delivery and have

Customer Question

I am placing a motion re change of delivery and have completed Form 14B , the evidence has already been filed under a previous Affidavit General 14A which included other Exhibits. Do I need to file another Affidavit general with this motion simply to refer
to the tab of Exhibits, since I am already referring to the particular TOC Tab on Form 14B. Thank you in advance I am representing myself in Ontario Canada
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Law Maven replied 1 year ago.
Hello – my name is***** am an Ontario lawyer, and I’ll be happy to help with your question today. As I understand what you're asking, you have already filed at least one affidavit with the Court. Now you are filing a new motion, and you want to use the evidence that has already been filed to support this new motion. If that's a correct summary, then you do not need to file a second affidavit. On Page 2 of the Motion Form 14B, it asks you to list the materials you are relying on. As long as you list the earlier affidavit and its location (for example, Affidavit signed December 12, 2014 at Tab D of the Continuing Record) then you would not need to refile those Exhibits.I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer. My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.
Customer: replied 1 year ago.
Actually I need to correct the avvidavit, as it refers to selling the house in July 2015, and by the time the motion is heard the date is already gone, and apart from that the motion states that the house will be put up for sale once the financials are settled between the two parties. Also I would like to amend one of the motions requested, stating that the respondent pays all the outstanding bills I paid and not 50% as I have till now requested.Thank you and look forward to hearing from you,
Expert:  Law Maven replied 1 year ago.
With regard to correcting the affidavit, once an affidavit has been filed it cannot be amended. You now need to file a new affidavit explaining how the facts have changed, and why. Since an affidavit is a sworn statement, typically there should not be changes necessary as everything in the document should be something you know to be true. It is very important for the correcting affidavit to be clear that whatever changed was not under your control. It's okay to say, effectively: "This is what I thought would happen, and things changed, so it didn't happen." What you have to be careful about is making sure you do not say: "I swore to tell the truth in Affidavit 1, now I'm changing the story, and I'm really telling the truth this time." In terms of amending the motion. There is not really any way in the Family Law Rules to amend a motion. Do you have a motion date? Have you already served and filed the Notice of Motion? If the other side has not seen the motion documents yet, you can withdraw the motion and bring a new one. If the other side has already been served, and there is still time before the hearing date then serve them with your amended motion and state in it that you are going to ask the Judge for permission to withdraw the earlier motion without penalty and use the current one instead. If the Judge gives you permission, then it's okay. If they don't, you need to either stick with the original motion, or withdraw it and expect to be ordered to pay some of the other side's costs. Hope that helps, Anne
Customer: replied 1 year ago.
Thank you Anne , that is most helpful, I can include additional new information on the an additional avvidavit to the motions, if I do that how would the judge know there is a reference to additional information , which will help me regarding the motions right? or can I use them whilst I am doing my request to the judge during the actual motion presentation?

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