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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 04-13-2014, 08:56 AM
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all I can say WD is congrats.
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  #22 (permalink)  
Old 04-13-2014, 10:05 AM
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Thanks you guys but it looks likes it far from over in bankruptcy court. Apparently mom decided to appeal

Quote:
THE APPELLANT ASKS that the judgment be set aside and a judgment be granted as follows
a) Appellant absolute discharge.

THE GROUNDS OF APPEAL are as follows:
a) Appellant has no recourses to pay such huge amount of money.
b) Appellant personal life is in harsh situation.
c) Appellant already receiving threads from creditor in regards of her son.
d) Decision from Master could impact health of Appellant.
e) Appellant is not able to work, she is waiting for disability decision.
Even thou it would be really nice to run this through court of appeal (I pretty sure that there is very little possibility it will even be accepted not to mention overturned) to make this judgement even more important I really not excited to learn appal procedures and all related staff

WD
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Old 04-13-2014, 01:22 PM
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I don't get it...how did she afford these court fees? Is it all paid through legal aid?
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Old 04-13-2014, 01:38 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
I don't get it...how did she afford these court fees? Is it all paid through legal aid?
Well, I don't really know. It does not looks like she has legal AID but who knows. She is self rep now. Base on notice of appeal it her who prepared this because no lawyer what do it

Problem is that it does not really cost her anything but it cost me and that most likely why she is doing it. It's like I know I will loose but at least it give hard time to other side and I am not going to pay cost anyway (because I do not have money) why not right? There is always a chance isn't it ?

Regards,
WD
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Old 04-14-2014, 09:38 AM
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Quote:
Originally Posted by WorkingDAD View Post
Thanks you guys but it looks likes it far from over in bankruptcy court. Apparently mom decided to appeal...
When to Appeal

The above provided grounds for the appeal will not even see the light of day. It is unfortunate that you continue to be harassed in such an abusive way by the litigant in this matter. You have entered into an almost "freeman on the land" zone where you are soon going to be getting notices of motions from the Gozar from Ghostbusters.

Quote:
Generally, an appeal is required to show an error of law, or an error of both law and fact. An error of law is an error that relates to a point of law rather than a point of fact. An error of law addresses statements of the law and focuses on showing how the law was misapplied.

An error of both fact and law is a mixed error of law and fact where both law and fact are intertwined.

Pure errors of fact are less recognized as a ground of appeal. This is based on the reasoning that the trial court, not the appeal court, is the court in the position to judge facts, since an appeal does not recreate a trial with all the witnesses and the hearing of the evidence. Where recognized, such errors of fact alone, must be "overriding and palpable" in the words of the Supreme Court of Canada, meaning, they should be very obvious.
I don't think the bankrupt/applicant/mother/storm/et all... read the decision from the Master. The master specifically states that she needs to stop doing this and an appeal is exactly the opposite of that... It is more litigation.

This has become a case of a parent with an obvious mental health disability in need of treatment... Not an appeal hearing, more motions, and more face time with the court system. She needs face time with a REGISTERED MEDICAL PROFESSIONAL and preferably one that practices at CAMH.

Good Luck!
Tayken
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  #26 (permalink)  
Old 04-14-2014, 11:28 AM
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-You might be able to ask for a dismissal of the appeal now because it has no chance for success.
-You should perhaps ask the court to consider her a vextatious litigant - in Quebec it is possible and used to prevent people from filing any motions without permission.
-She'll have to pay for stenographic notes of the hearing, somewhat expensive. 3$/minute or something in Quebec.
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Old 04-16-2014, 01:54 PM
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Wow, WD it really never does end, does it.
Congrats on everything you have done.

Keep in touch man.
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