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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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Old 10-30-2015, 08:18 PM
Hand of Justice
 
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I won my appeal!

I have successfully overturned the judgement declaring me a quarrelsome litigant.

It was epic and the appeal court judgement completely sets the record straight....

Costs were awarded to me in the both instances and they filed a new motion to declare me quarrelsome at the appeal level it was rejected as being grossly unfounded....

Self-Represented Litigants winning Appeals is EXCEPTIONAL... Props to the Appeal Court Judges they saw through all the B.S. and I now have a wonderful judgement summarizing the whole story and casting a very NEGATIVE light on my ex-wife and her lawyer....

Custody and Alimony Termination in Dec 7th - going forward it will be no alimony and shared custody, the storm clouds are lifting....

All this is really because of an irresponsible judge and only because I am as capable as I am that I was able to do this otherwise the legal fees would have killed any normal person...

When the judgement is on CanLii I will link it (it'll be in french)
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Old 10-30-2015, 08:21 PM
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Oh yeah, I want a new title on ODF please - I'd like "Hand of Justice"
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Old 10-30-2015, 09:25 PM
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You are a legend. What did you get now? Shared?
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Old 10-30-2015, 09:25 PM
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Links delighted to hear it

Usually Goliath pounds the heck outta David.

Please tell us mere humans.....was it all in the preparation?

GRATS are in ORDER (no pun intended)
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Old 10-30-2015, 10:18 PM
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Wow Links! Very impressive for sure - congratulations!

I don't think I've ever read of anyone on this forum besides you a) going to an appeal, b) self-representing at an appeal or most certainly c) WINNING at court of appeal.

Look forward to reading the CanLii (hope I can see a translated version).
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Old 10-30-2015, 10:36 PM
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Congratulations! Good for you. I will be self rep soon and stories like yours give me hope. Thanks for sharing your amazing win and inspiring hope for me in the insane making and financially ruinous trip called divorce court. Thanks for sharing!
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Old 10-30-2015, 11:08 PM
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BEAUTIFUL!!!! Congrats.
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Old 10-31-2015, 01:50 AM
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The Key Takeaways:
-There are bad judges and the only way to deal with them is a court of appeal.

-This is the second time I have appealed a decision by this judge (in itself an exceptional circumstance)

-The first APPEAL revealed and an error in law on one aspect and failed due to a technicality on another aspect.

-This Appeal pointed out so many errors in the judge's apprehension of the facts that it will make your head spin.

-In this Appeal the judges resumed all the screw ups up until this point that it basically completely vindicates me from any fault regarding anything and lays blame at the feet of the judge, my and her lawyer. This judgement is like my get out of jail free card.

-----

What did I get?
A. This judgement exonerated me from being a quarrelsome litigant - imagine going to court asking a judge for anything while you have the official title of "person who goes to court just to harass other people".

B. It exposes and enunciates my ex-wife for:
-falsely declaring her income
-filing motions unnecessarily just as legal strategm to prevent me from getting shared custody
-it highlights my ex-wife left the country for 3 weeks without the kids very nicely.

C. It lays the groundwork for my also very important December hearing where my ex-wife has to convince the judge why the alimony should keep on going past Sept 2015 AND why I shouldn't get shared custody.

_______

How did I do it?

1. I covered all the bases in the court of the first instance (superior court) because you can only appeal on the basis of evidence in front of the judge at the superior court.

2. I consulted lawyers for technicalities and had documented proof of consultation.

3. In my oral arguments I
---> focussed on key important issues (3 approximately).
---> added some nice speech and about the value and importance of the justice system and how everybody has to behave properly + appreciation for the knowledge and experience of judges and lawyers...
---> Contextualized my ex-wife's lawyers strategy of using legal procedures to bully me.
---> I was well prepared, all the documents were provided, I referenced the materials and authorities as well.
---> I cleared demonstrated the errors
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Old 10-31-2015, 07:30 AM
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Congrats Links, and thanks for sharing your formila
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Old 10-31-2015, 05:52 PM
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*Flashes his new Rank

Thanks mods/Admin!
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