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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 06-08-2014, 05:17 AM
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Default Would it be legal to tape an interview with the Children's Lawyer?

Would it be legal to tape an interview with the Children's Lawyer?

Obviously not in regards to the purpose of use for court proceedings such as a trial but for example for the purpose of a claim / complaint to the Law Society of Upper Canada.

Would one legally have to disclose that they are taping the meeting / interview? My concern would be upfront disclosure and the Children's Lawyer is not going to play their usual biased and unprofessional hand on tape or even refuse to have the interview / meeting once disclosed it is being recorded for "quality assurance"
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Old 06-08-2014, 08:35 AM
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Quote:
Originally Posted by DontGiveUp View Post
Would it be legal to tape an interview with the Children's Lawyer?

Obviously not in regards to the purpose of use for court proceedings such as a trial but for example for the purpose of a claim / complaint to the Law Society of Upper Canada.

Would one legally have to disclose that they are taping the meeting / interview? My concern would be upfront disclosure and the Children's Lawyer is not going to play their usual biased and unprofessional hand on tape or even refuse to have the interview / meeting once disclosed it is being recorded for "quality assurance"
Why not just correspond in writing on a with prejudice basis ? Request a written response to your questionsby a certain date and threaten to move under Rule 20 if he does not respond in kind by a reasonable date. I just did this on May 30th with stbx and won.
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Old 06-08-2014, 10:38 AM
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Talking

I don't have any questions, what I want to do is gather evidence and language which supports my concern for bias, collusion, or just plain not being interested in even "interviewing" me but rather spending such a session telling me how this and that in my case is going to fail etc.

I want to have something that either my lawyer can use or the LSUC can take in a form of a valid concern / complaint.

I'm wondering if it is legal whether disclosed that I am doing it or not.

It was damn near impossible to prove the allegations against Rob Ford until their was video or audio evidence

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Old 06-08-2014, 11:12 AM
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It is legal to tape a conversation between two or more parties if you are one of the participants
You do not need to disclose that you are recording.
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Old 06-08-2014, 11:30 AM
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Originally Posted by blinkandimgone View Post
It is legal to tape a conversation between two or more parties if you are one of the participants
You do not need to disclose that you are recording.
Really?? cool. What about the whole prejudice/without prejudice thing ?

i.e. are the parties considered to be discussing things with our without prejudice ?

The only fair way I would think to allow this is to inform the parties in advance, no ?
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Old 06-08-2014, 11:37 AM
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Case law seems to vary from what I can find

2012 BCSC 440 Lam v. Chiu admitted

in this next instance, which seems to more resemble the OP's situation, they are inadmissable.

http://www.canlii.org/en/on/onsc/doc...NzaWJsZQAAAAAB

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Old 06-08-2014, 12:29 PM
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Two completely separate areas of law, and i have no idea how they intersect.

One falls under privacy laws and the other family law. I don't know the answer to your second question, but do know it's legal to take an audio recording of any conversation you are a participant of.
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Old 06-08-2014, 01:03 PM
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Blink is correct.

If you are NOT one of the parties then u most disclose that you are recording.

Admissions within a family case are likely different than using the recording in a upper law society complaint.
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Old 06-08-2014, 01:03 PM
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You should note that lawyers are not allowed to record in their rules of conduct.
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Old 06-08-2014, 02:35 PM
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Quote:
Originally Posted by DontGiveUp View Post
Would it be legal to tape an interview with the Children's Lawyer?

Obviously not in regards to the purpose of use for court proceedings such as a trial but for example for the purpose of a claim / complaint to the Law Society of Upper Canada.
Yes you can make the recording. But, I doubt that the LSUC will consider it as evidence in the complaint. The evidence has to demonstrate that the lawyer violated one of the governing rules.

Just be warned... LSUC complaints never go anywhere.

You are better off focusing on less highly conflicted actions. As well, your complaint can and will be attached into your dispute as evidence to your pattern of negative behaviours and used against you.

Good Luck!
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