Have you ever given the Court a copy of an Executor's Trial Brief (after the Trial), without discussion or without authority? The Estate is not yet Resolved or Settled?
No, I haven't. Leading up to a trial, there are deadlines for the filing of material and if you want to file something outside of those parameters, you need the permission of the court. I don't see the value in giving a trial brief AFTER a trial unless the trial was adjourned and the judge ordered that the material be filed. You said the matter is not yet resolved so it might make sense that the trial is not actually finished.
Lynne--Thanks for all that you do. I wish you were in my Region of the Country.
After intervention, I just received a 'copy' of my Trial Brief. There are false entries and missing key entries ie. Court Order re the Financials. I also made notes in my Original copy of the Trial Brief while at Trial. A requested Doctors note by my Lawyer was not given to the Trail Judge. I was told it would be returned. I am still waiting to receive a Trial Worksheet put together by 2 lawyers. I was told I would get it. 2 years have gone by. This matter has been in play for 15 years. Something I missed, that I just awakened to due to enormous stress. I took Occupancy Rent from the Estate Bank Account. That is the wrong way to do it as the occupant beneficiary of the Estate pays out of pocket. I have opted to return all those payments + interest. Of course the beneficiary would then have to pay Occupancy rent for all 15 years + Interest. My Pass Accounts have been approved but not the other side. I wondered if the Trial was finished as I checked Canlii and I don't see it listed. In Court one can say very little except answer questions. I think it would make sense for the Judge to ask the Applicant if he/she was well represented by his/her counsel. ie. Are there any concerns?
Lynne, I should have added. It was given as an 'Exhibit'. It is a good example of a Trial Brief that is very much incomplete with false and missing documents. Webeye
Lynne, can I ask a question?
ReplyDeleteHave you ever given the Court a copy of an Executor's Trial Brief (after the Trial), without discussion or without authority?
The Estate is not yet Resolved or Settled?
Webeye
No, I haven't. Leading up to a trial, there are deadlines for the filing of material and if you want to file something outside of those parameters, you need the permission of the court. I don't see the value in giving a trial brief AFTER a trial unless the trial was adjourned and the judge ordered that the material be filed. You said the matter is not yet resolved so it might make sense that the trial is not actually finished.
ReplyDeleteLynne
Lynne--Thanks for all that you do. I wish you were in my Region of the Country.
ReplyDeleteAfter intervention, I just received a 'copy' of my Trial Brief. There are false entries and missing key entries ie. Court Order re the Financials. I also made notes in my Original copy of the Trial Brief while at Trial. A requested Doctors note by my Lawyer was not given to the Trail Judge. I was told it would be returned. I am still waiting to receive a Trial Worksheet put together by 2 lawyers. I was told I would get it. 2 years have gone by. This matter has been in play for 15 years. Something I missed, that I just awakened to due to enormous stress. I took Occupancy Rent from the Estate Bank Account. That is the wrong way to do it as the occupant beneficiary of the Estate pays out of pocket. I have opted to return all those payments + interest. Of course the beneficiary would then have to pay Occupancy rent for all 15 years + Interest. My Pass Accounts have been approved but not the other side. I wondered if the Trial was finished as I checked Canlii and I don't see it listed.
In Court one can say very little except answer questions. I think it would make sense for the Judge to ask the Applicant if he/she was well represented by his/her counsel. ie. Are there any concerns?
Webeye
Lynne, I should have added. It was given as an 'Exhibit'. It is a good example of a Trial Brief that is very much incomplete with false and missing documents.
ReplyDeleteWebeye