Legal Question in Family Law in Canada
Hi
I have a family law matter that has been ongoing for 8 years. My ex husband from the onset has failed to provide financial info and comply with various and/or all parts of the "orders". He filed a motion (in court A) to vary last year after the FRO was going to take away his licence for his arrears. I responded and filed a cross motion - we were both unrepresented. At the case conf in 08 he was told to provide me with the paperwork (give it to me in court that day) I had asked for, which he did (partially not all paperwork was there) but the judge told him he still had to serve and file properly with the court and myself. He never did respond or comply. He has since filed another motion in another jurisdiction (court B) without informing the court of the first motion (A) which is now approaching dismissal. I attended court B, without documentation complete as I was not given the requisite 30 days. I advised the court that there was another motion in court A, but my ex-husband told them it had already been dismissed, although I indicated that I had the paperwork stating what I had said. I am trying to figure out what the next step would be, to stop him from dragging me through the courts without resolution. He is definitely a dead beat dad who is trying to judge shop to get a solution that he likes. I was advised to maybe file a summary judgment motion in court B for a dismissal, and file a summary judgment motion in court A asking to strike his pleadings due to non-compliance and hope that I get granted my cross motion request. I need to know what the wording would be for those two issues, and how to say it on the Notice of Motion form?
thanks
1 Answer from Attorneys
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