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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100934
Experience:  Lawyer
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Can a court order be changed without going back in front of

Customer Question

Can a court order be changed without going back in front of a judge
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
When you signed the agreement did it say that no money was owing by either side to the other?
Customer: replied 1 year ago.
The cost order that awarded my costs was for the cost associated with the motion I filed to have the oposing Lawyer removed.I won the motion, the lawyer was ordered to step down and pay $5000 plus disspursments of $575 &HST (the tempary order was filed on April 28 2015 and the final order was filed on January 8th 2016
In October of 2014 the my ex had filed a motion for support which she was granted. whe nwe went to the final mediation on Dec 3 2015 the aggrement stated that I would pay the arrears owed for support along with a settlment amount which in turn would have her with draw from FRO. This was done with in 5 days and as a result the withdraw notice was filed with FRO and the motion for support was dismissed without costs on January 5th 2016 as a final court order.
On January 8th three days later the same judge signed the final order for my costs. Her lawyer is now telling me that her order negates mine. I do not have my Lawyer retained at the moment but he was really clear to me that the two motions were for different issues and that my cost order is now due. if this is not the case why would the same judge sign my final 3 days after her release. (see the attached)
Expert:  Debra replied 1 year ago.
I agree with you. The costs awarded to you have nothing to do with anything that happened before or since and you are most assuredly owed the money. You can seek to enforce that order just like any other order.