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Domestic Violence Dealing with abuse and violence. Getting support and help.

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  #11 (permalink)  
Old 02-03-2014, 11:40 PM
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well anyone can look up the names if they have the caselaw numbers can they not?

When you go to trial it is "public."

When a judge makes a ruling/order their own personal name is attached to the file as is the name of the lawyers. It is the lawyers and the judges who have a running tally.

If you don't want your name published they settle out of court.
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Old 02-03-2014, 11:49 PM
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you think it's fair for the children to read it? can lii you need to enter the name to access the case, it does not show automatically on google. a child cannot access Can LII. the administrator should make sure this forum is intended to help people and provide information and advice.
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Old 02-04-2014, 12:11 AM
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Life isn't fair

Adults should think about this before they decide to air their dirty laundry.

The system exists so that those of us who go through divorce have to look at cases which have been tried beforehand.

It is common for justices and lawyers, in their deliberations in court, to refer to a surname of the parties involved in the case they are referencing for their legal arguments..

It is my right to be able to access the cases that these judges and lawyers quote. It is unrealistic to think that people in common would be able to memorize case "xy1122ccss555" when instead stating "Kramer vs. Kramer" do you not think?

By the way, not all cases are published in CanLII.
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Old 02-04-2014, 12:31 AM
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i do not agree with you. actually only ontario uses last names, the rest of the provinces use initials. if people go to court, because i am sure they did not have a choice.

your right is to know the law not the people on whom the law was applied to.

why do you need to memorize cases? you read them when you come across and that's all. and again every case is different. people should be truthful and everything will fall into places with the truth whatever times it takes.
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Old 02-04-2014, 12:39 AM
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You are incorrect. All provinces use names. Sometimes the parties involved request the names not be published and instead initials are used (or the judge orders this).

Again, merely going to court doesn't mean your case will be published on CanLii.

Your argument is weak but I do understand your anxiety.

If you want to change the law, regarding publication, then you have to take it up with the legislators not the owners of this forum.

The case(s) below were just published a few days ago on CanLII and are from:


British Columbia:

Cameron v. Cameron, 2014 BCSC 142 (CanLII), <http://canlii.ca/t/g2ws4

From Alberta:

Groot v Kotake, 2014 ABQB 53 (CanLII), <http://canlii.ca/t/g2vp7

From Manitoba:

Rolin-Robinson v. Robinson, 2014 MBQB 9 (CanLII)


and so on.....

Last edited by arabian; 02-04-2014 at 12:52 AM.
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Old 02-04-2014, 09:35 AM
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Quote:
Originally Posted by health View Post
your right is to know the law not the people on whom the law was applied to.
Big precedents become known by their names though. Roe vs Wade anyone?
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Old 02-04-2014, 10:22 AM
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Umm...last time I checked, Canlii does not require you to log in or anything, so yes children could very well access it if they went looking for it. No it doesn't show up on Google, but if they knew the website they could access all the case law they wanted.
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Old 02-04-2014, 12:50 PM
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Quote:
Originally Posted by health View Post
you should not use people's name in this forum. it does not help in anything. this topic should be deleted.
Health,

1. The use of the quotes from CanLII on this site and how they are presented are consistent with their terms of use: CanLII - Terms of Use

2. Lawyers often in their own writing cite case law directly. For example the Shaw v. Shaw case which deals with a similar matter of false allegations of "domestic violence":

The Family Law Consequences of a Criminal Domestic Violence Conviction | Toronto Criminal Law Blog

Here is another example from another law firm:

Houle v. Trottier - Application for Corollary Relief

3. This posting is consistent with this message forum's rules and the source of the public information is cited according to the publisher (CanLII) and this forum's requirements.

Good Luck!
Tayken
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Old 02-04-2014, 12:54 PM
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Quote:
Originally Posted by health View Post
He can use the case law and numbers but i do not believe that using names are relevant to anything.
Health,

Names are relevant enough for the public court system to publish them into the public record. If you have an issue with what was published to CanLII in this matter it is best to take it up with the very Honourable Regional Senior Justice H.M. Piercea rather than the members of this forum whom are well within their rights to publish this public material as law firms, Carswell and other information services will be doing shortly.

In particular this case law is very important and will be cited and included in a number of cases in books of authorities. I know of two cases already where this case law has been provided in their books of authority.

Good Luck!
Tayken
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Old 02-04-2014, 01:10 PM
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Quote:
Originally Posted by health View Post
you think it's fair for the children to read it?
What is not "fair" in this matter to the chlidren is that their "mother argued strenuously that the father has been abusive towards herself and Aniss and therefor disqualified from being the custodial parent." (quote from para 11. of Abdelhamid Tayebi v. Salima Oukachbi, 2013 ONSC 6960 (CanLII))

How did this parent's conduct help the child in question? How did doing this demonstrate the child's "best interests"? How does this kind of conduct demonstrate any respect for the other parent who equally loves the child in question who composes half of that child?

It is psychological abuse to a child to make false allegations of intimate partner abuse in order to "win" in court. It is psychological abuse to make false allegations.

Quote:
Originally Posted by health View Post
canlii you need to enter the name to access the case, it does not show automatically on google.
Feel free to use the CanLII free text search located here to locate the case law:

CanLII - Canadian Legal Information Institute

I often search for the terms "domestic violence", "false allegations", etc in finding (and posting) relevant case law to this forum. I provide a public review service to unrepresented litigants who are facing similar false and psychologically abusive allegations of "domestic violence". This matter simply appeared due to the extreme relevance which no doubt Carswell and other law-reporting services will eventually pick up on and republish themselves in a legal review.

Andrew Fieldstien may even decide to write a blog like he did with the Shaw v. Shaw matter. I tend to be faster than lawyers at finding relevant case law in particular areas of case law because I am vertical in my research to specific topics.

Quote:
Originally Posted by health View Post
a child cannot access Can LII.
If a child has (a) access to the internet and (b) is familiar with how to use a web browser they can find this case law. It happens quite often and when children become adults they often go to the court house and pull their parents matters and read all the materials that form the public record.

The parent in this matter who made false allegations not only has to face the other parent in what they have done but, may have to one day face their children as adults.

My recommendation to this parent would be to seek help from a psychiatrist who is an expert in disorders of the personality and start working towards a solution rather than continuing down the dangerous path of "emotional reasoning", "projecting blame" and the other patterns of behaviour that created this person's problem.

Quote:
Originally Posted by health View Post
the administrator should make sure this forum is intended to help people and provide information and advice.
Intersting as the owner of this form ("Jeff") did respond to this thread on 12-30-2013, 01:20 PM and explicitly stated:

Quote:
Originally Posted by Jeff
Thanks for the informative posts Tayken!
Link to the posting: http://www.ottawadivorce.com/forum/f...09/#post159450

Good Luck!
Tayken
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