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Old 09-01-2016, 11:13 PM
Hand of Justice
 
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Default Am I the most succesful litigant here?

Has anybody ever online here litigated succesfully as much as me - with or without a lawyer? It's kind of scary.

I am 8-3-2


Wins
2 Appeals Won
1 hearing won contempt
1 hearing won quarrelsomeness
1 negotiated settlement
1 prov for costs won
1 shared custody, alimony terminated
1 retraction succesful

Mixed Result
1 prov for costs partial
1 original divorce partial

Lost
1 EM
1 retraction failed
1 spousal support modification failed
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Old 09-02-2016, 12:02 AM
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Definitely the most modest.
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Old 09-02-2016, 02:04 AM
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That said, Links had appeal success, and his ex wasn't a complete nutcase, which made his life a bit tougher. I think at one point he may have been declared a vexatious litigant? Not sure about that.

I still think WorkingDad gets the prize, but it isn't necessarily a slam dunk case.
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Old 09-02-2016, 06:31 AM
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Originally Posted by Janus View Post
Definitely the most modest.
It depends on how you define "success".

I would say the most experienced self-rep is WorkingDad.

49 citations in CanLII for his matter. The impact that he has had across family law is massive.

http://www.canlii.org/en/on/onsc/doc...#showHeadnotes

As for appearances in court he has significantly more hearings. He would have to do the count but, I suspect it is about 30+ appearances between all the TBST, Conferences, motions and two (2) completed trials with a third upcoming. The next appearance is in September. Generally, since the start of his matter he has had around 5-8 appearances per year for the past 7 years I would suspect.

In addition the coverage of his matter in the media is significant as well. Google suggests that there are "About 172 results" for "Izyuk v. Bilousov".

Now, if you want to define success as the lack of needing to go to court... Then both Links17 and WorkingDad are the least successful at resolving their matters. Again, it is how you define success.

My vote would be with WorkingDad as his matter has actually changed the face of family law for more than just himself. It has had a broad impact across the whole system of justice.

In addition, there is now a "four part test to apply on a motion for security for costs" that is being cited that is the result of one of his CanLII postings... This is a huge thing... Even more huge that other judges have relied upon it to make determinations already in other matters. It has been referred to as the "Izyuk Test for Security for Costs". Once you get a label like that for something you did as a self-rep... That is huge. Lawyers spend their whole careers trying to get their work enshrined in as a "test". I know lawyers in family law that are completely jealous that he achieved something like this.

Good Luck!
Tayken

Last edited by Tayken; 09-02-2016 at 06:48 AM.
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Old 09-02-2016, 06:33 AM
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Quote:
Originally Posted by Janus View Post
I still think WorkingDad gets the prize, but it isn't necessarily a slam dunk case.
And WorkingDad's matter is going to another trial to make yet another final determination. TBST happening this month to determine a trial date.
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Old 09-02-2016, 08:00 AM
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Links:

If your children are happy and well adjusted, then you are indeed quite successful.
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Old 09-02-2016, 08:23 AM
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I think the matter of costs that was established in WorkingDad's case is significant.

I am not bilingual and therefore cannot really comment on Links litigation success. For all I know his case, being from Court of Appeal, might also be frequently cited.

I too have been in court MANY times over the past 7 years. I too have been successful in my hearings (represented by lawyer). However, my ex continues to take me to court and I therefore do not feel that I am "successful."

Both Links and WorkingDad are to be commended.
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Old 09-02-2016, 08:56 AM
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No Links .. nobody on this planet is as successful as you. You are the firm hand of justice by god .. we bow down. Please be gentle with us earthlings as we know not what we are doing.
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Old 09-02-2016, 11:31 AM
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I'm kind of disappointed that I got no citations actually.... One of my regrets

It's true getting a test based your case is quite an accomplishment because you have forever changed case-law and it was your legal argument that was retained and not the fact that the original judge just made "poor" decisions....

I didn't realize WD has been going on at 7 years of litigation, I am still at year 4, I have 3 more years I guess to reach his level of infamy.

I give myself points though because winning appeals is worth 3x the amount of winning in the first instance -its 3 judges....

I have at least 2 more legal challenges, punitive damages against my ex's lawyers and I think I will file a CJC complaint against the judge that banned me from court.

You can get an idea of how important a judgement is in terms of case law by the # of citations (shows at the top of the judgement)

My other point for posting this was that most of you here settled on consent and it is very few of us that actually went the whole 9 yards (or 63 yards in some cases). A lot of you don't really know how a judge will respond...... One of hte most important things in trial is optimizing your message based on importance - spending the right amount of tiem on the right topic.

Only had my lawyer for the divorce hearing and all the KEY issues were literally won by me standing up and insisting on it, I kid you not. My lawyer would have gotten me NOTHING. So happy he got what he deserved....

Last edited by Links17; 09-02-2016 at 11:47 AM.
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Old 09-02-2016, 01:05 PM
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You've been to court fifteen times? That makes you the busiest litigant and definitely not the most successful. Counting up "wins" doesn't mean much.

I would say a successful litigant is the one who minimizes court appearances while obtaining a resolution that is legally defensible, good for the kids and acceptable to the parents. The vast majority of divorcing parents manage to work things out, often with a few bumps, without tying up courts.

Links is more like the guy who's had his Chevy fixed twenty times in the past year and claims that makes him a better driver than the one who drives a Toyota that only had one fender-bender. His insurance company would beg to differ.
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