Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

My application was dismissed yesterday at the BC provincial…

Customer Question
My application was dismissed yesterday...
My application was dismissed yesterday at the BC provincial court. The other party’s lawyer requested it dismissed on procedural ground. The application consists of: 1-notice of motion(checked appropriate boxes) 2-affidavit 3-financial statement form 4 and EI claim and payments information. All served properly. It’s about canceling child support arrears or determining if there are arrears owing and adjusting the support to reflect my new financial situation according to the guidelines, since getting laid off in Jun2015. There is*****of Ontario order just after separation, determining the amount of child support when we lived in Ontario. We are all residents of BC now. The other party’s lawyer didn’t mention what was missing from my application and the judge ended up saying t “this is half application”. I was denied legal aid, and duty counsel 2 times, was told “conflict”. and can’t afford a lawyer at this time. Also the superior court order was already recognized in BC provincial court in 2013 as having the same effect. What are the steps to file again? I can attach files if needed
Submitted: 2 years ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 2 hours by:
1/22/2016
Family Lawyer: ulysses101, Lawyer replied 2 years ago
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,757
Experience: Over 10 years litigation experience in family, criminal, and civil law
Verified

Hello, thank you for the question.

One issue is clearly leaping out at me: the order you have from Superior Court of Ontario ought to be varied by the Supreme Court in BC, not by the provincial level court. I'll bet that your judge said that the provincial court didn't have the power to vary a Superior Court order from another province. Yes, the BC provincial level court will certainly recognize that Ontario order, and can make additional orders or deal with the enforcement of the support, but BC provincial court will say that it can't change the Ontario Superior Court order.

You ought to take your papers to court, get a copy of the judge's endorsement to see if the judge wrote down their reasoning for dismissing the application, and see duty counsel or Legal Aid's family clinic if your court has one.

I know you've been told that you're "conflicted out" by more than one duty counsel there, but I'm sure that there has to be someone who can talk to you and confirm what I've told you here. There might be other issues too. I've done my share of duty counsel work, and in this situation you're not looking for context-specific legal advice about your evidence or what you're asking for (it would be a conflict if the dc you have has previously helped your ex) but rather you're looking for procedural information on which level of court you need to be at, and what deficiencies if any existed in your paperwork which did (or might have) contribute to the dismissal of your application. If you put it to dc like that, they should think twice before saying "conflict". If they still do, ask for someone to help you that isn't conflicted out.

Does that make sense? Feel free to reply with question or comment. If I've answered you, I'd appreciate a positive service rating please.

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
The judge said: you can apply to vary and in the provincial court and you dont have to apply in the supreme court.(does seeking an interm order rather than order make the difference?) What forms did I miss to file with application?
Customer reply replied 2 years ago
I will go back to the court to see if the judge recorded what the reason for dismissal and get back with you
Family Lawyer: ulysses101, Lawyer replied 2 years ago

It shouldn't make a difference, I find that odd. While the provincial level court is certainly a "court of competent jurisdiction", in my experience the provincial court either declines or is loathe to touch another province's superior court order.

I think that's a good idea, to check at court to see if there's a judicial endorsement with some reasons, and see what duty counsel has to say. We'll leave this question thread open, let me know what you find out.

I'm supposed to ask you for a service rating, but since we aren't finished I won't push you on it. If you want to that would be great, especially if you're on a subscription. But if you put down a deposit with the site to ask this question, I'd feel bad asking you to pay when we haven't solved anything other than me saying "go back to court and check the file and ask duty counsel again".

Regardless, I'll be here and the question thread will stay open for a while. Let me know what you find out and if there's anything else I can do for you.

Ask Your Own Canada Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ulysses101 Your Own Question
ulysses101
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,757
3,757 Satisfied Customers
Experience: Over 10 years litigation experience in family, criminal, and civil law

ulysses101 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

5,021 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

256 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
If I reside in Saskatchewan and am served with a court
If I reside in Saskatchewan and am served with a court action from Ontario, where is the basis obtained from for support payments? Saskatchewan or Ontario?… read more
ulysses101
ulysses101
Lawyer
LLB
3,757 satisfied customers
Is child support paid in british columbia based on the
is child support paid in british columbia based on the previous year? Example, if I paid child support in 2013, is it based on my 2012 income?… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
As from my previous question, I need to reply/respond to an
as from my previous question, I need to reply/respond to an Ontario court order relating to a separation request from my wife. The information she provide is VERY inaccurate. I do intend to retain Cou… read more
ulysses101
ulysses101
Lawyer
LLB
3,757 satisfied customers
My wife served me with court papers today. in the claim by
My wife served me with court papers today. in the claim by applicant section it is indicated thaty there are claims under the family law act ONLY. i.e. no claims under the divorce act. Also in the det… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
I started a case over custody in BC provincial court and
I started a case over custody in BC provincial court and have an interim consent order from the first hearing, since then my ex and her lawyer have filed a case for custody (and spousal, child support… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
The father of my child recently stated that he is on social
The father of my child recently stated that he is on social assistance via Ontario works. It was his way of impoverishing himself since he has arrears in excess of $100k. He has higher education, has … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
What cases could defeat a retroactive downward change in child
what cases could defeat a retroactive downward change in child support in Ontario when the payor did not provide financial disclosure in 2008 to 2014 and support had been ordered in 2006 at 1300 month… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
My boyfriend needs to pay child support arrears due to his
My boyfriend needs to pay child support arrears due to his income increasing and both parties not following the original court order for Income Tax exchange. Her request is that he owe back for the ye… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
My wife (Sharon) is Canadian and has 5 daughters under 18 with
My wife (Sharon) is Canadian and has 5 daughters under 18 with her x-husband (Rob) and was recently served by him in the Lethbridge Court of Queen's Bench an "Application to Change Child Support with … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I have an application to continue shared parenting (50% custody)
I have an application to continue shared parenting (50% custody) in the BC Provincial Court. This application is active and we have been ordered to mediation as part of the process. Presently, I have … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
(British Columbia Supreme Court) I have been overpaying
(British Columbia Supreme Court) I have been overpaying child support and I am not in arrears. The current monthly child support is based on an outdated salary and I have recently filed an application… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
My husband and I completed a separation agreement that dealt
My husband and I completed a separation agreement that dealt with custody, access and child support prior to our divorce. The separation was accepted for divorce purposes, but when I enquired as to ch… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
What happens when a parent refuses to pay their share of extraordinary
What happens when a parent refuses to pay their share of extraordinary expenses for a child as set out in a family court Order?… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
If possible I would like my response from Debra Thal, as I
If possible I would like my response from Debra Thal, as I was pleases with her work previously. My ex-husband provided me with his 2012 income tax return to examine for any changes required in Child … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
My 16 yr old daughter moved out in November 2012. She was bouncing
My 16 yr old daughter moved out in November 2012. She was bouncing from house to house then moved in with her fathers sister. Her father is in FRO for arrears owing as he is withdrawn from monthly sup… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Can a spousal support agreement be challenged in another province
Can a spousal support agreement be challenged in another province other then the one it was issued if both parties have relocated to the same province.. example being order issued in Ontario now both … read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
1,737 satisfied customers
I live in BC, Canada. I have been separated for more than 6
I live in BC, Canada. I have been separated for more than 6 years. My wife started an uncontested divorce over a year ago. I did not respond expecting her to get the default judgement and complete the… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
5,021 satisfied customers
My wife is a Canadian Citizen. I am a UK passport holder.
My wife is a Canadian Citizen. I am a UK passport holder. We have Pakistani origins and we were married in Pakistan nearly 2 years ago. We have never resided in Pakistan before or after our marriage. … read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x