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  #21 (permalink)  
Old 09-14-2012, 02:58 PM
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Quote:
Originally Posted by WorkingDAD View Post

Quote:
Originally Posted by Storm
I will not call any wittiness as of now. If you wish call them you should summon each of them and pay appropriate fees. Also you should remember that u cross examine ONLY their sworn affidavit. Which is couple sentanses, so couple questions.

I will talk again with my neurologist and will see what he will say. He will be just one withenes from my sight.(if any).

I told you I do not want this to be long. I want this as fast as posible. The only one , who want this as long is you, but that is why u stared all this in first place.
Well, hopefully she seeks proper legal advice on her strategy. If she does not call the witnesses the affidavit material "sworn to the truth" from the witnesses will be either thrown out or discounted in their entirety by the judge.

Quote:
Originally Posted by WorkingDAD View Post
Quote:
Originally Posted by Storm
so I will raise only...


1. Flight riisk.
2. Flight *plans" did post or not est.
3. Retraining./non harasment order
4. Change in castody ( based on 6 month not opening 17 day trial)
5. Change in acsees ( based on last 6 month)
6. Laying /presing charge against you on grounds of abstact justice.

So I will not touch any other issue from "past trial" I ask you do same. Please do not touch last trial.
With regards to point #6 this is possibly a direct threat of criminal action against you in a civil matter which is possibly illegal. It is known as "blackmail". This may be in itself may be possibly criminal to do and should be raised with the proper authorities.

The Our Family Wizard message you have with this possibly direct threat of criminal action against you by the other party to the civil litigation is possibly a criminal act. I highly recommend you seek legal advice on this potentially criminal threat from a lawyer as soon as possible.

If committed to Our Family Wizard the tangible evidence to this conduct is in a third party's hands and easily identifies the originator of this possible threat. A lawyer would be the best person to advise you on how to deal with a threat of criminal action against you in a civil matter by the other party to the litigation.

Good Luck!
Tayken
  #22 (permalink)  
Old 09-14-2012, 03:04 PM
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Originally Posted by FaithandMorals View Post
Affadavits are inferior to actual witnesses in court. The neurologist will not show. It is a bluff.
At trial an affidavit without the witness showing up is about as good as the paper it is written on in demonstrating your case. That is why whenever you have someone produce an affidavit you really need to explain to them that they will be called possibly to testify viva voce (by voice) to every statement in their affidavit and could be ordered by the court to do so.

Paper (affidavits) are of very little value at trial. Just because something is "sworn to the truth" doesn't "make it the truth". The person has to demonstrate at trial that it is truthful... If they don't show up... It is better as toilet paper in my honest opinion at that point.
  #23 (permalink)  
Old 09-14-2012, 04:33 PM
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Originally Posted by FaithandMorals View Post
Affadavits are inferior to actual witnesses in court. The neurologist will not show. It is a bluff.
most likely...
But I am going to summons thous people and if they will not show up... well you know what next. It's written with big bold letter on form 23.

so maybe next time they will think twice before lie on affidavit...

Problem is thou that now mom refuse to confirm their address and give only one address which is address of her brother...

WD
  #24 (permalink)  
Old 09-14-2012, 09:18 PM
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Originally Posted by WorkingDAD View Post
most likely...
But I am going to summons thous people and if they will not show up... well you know what next. It's written with big bold letter on form 23.

so maybe next time they will think twice before lie on affidavit...

Problem is thou that now mom refuse to confirm their address and give only one address which is address of her brother...

WD
Just for those who may be reading this thread that don't know what the big bold letters on Form 23 is:

Quote:
Originally Posted by Form 23: Summons to Witness
IF YOU DO NOT COME AND REMAIN AS REQUIRED BY THIS SUMMONS, A WARRANT MAY BE ISSUED FOR YOUR ARREST.
Hence the reason I always warn posters of the requirements of a witness and that if they do collect an affidavit that the witness in question they choose to use understands the requirements to appear for trial should matters not settle or be ordered to trial/viva voce hearing.

Just because someone writes an affidavit doesn't mean they won't be cross examined on their affidavit and other evidence before the court. The court does not play games with evidence and witnesses. You can't solve complex problems on paper and this is because it is easy to write a lie... Harder to deliver a lie in person and on the stand.

Good Luck!
Tayken
  #25 (permalink)  
Old 09-15-2012, 06:58 AM
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With regards to my previous statements about a clinician practicing and providing evidence in an area of medicine for which they don't practice and how it will be discounted by the court here is a more concrete example in case law:

B.R. v. Ontario (Health Insurance Plan), 2009 CanLII 85490 (ON HSARB)
Date: 2009-11-05
Docket: 05-HIA-0266
URL: CanLII - 2009 CanLII 85490 (ON HSARB)
Citation: B.R. v. Ontario (Health Insurance Plan), 2009 CanLII 85490 (ON HSARB)

Quote:
Originally Posted by B.R. v. Ontario (Health Insurance Plan), 2009 CanLII 85490 (ON HSARB)
94. However the assessments by these two neurosurgeons in applying the experience and risk factor analysis led to very different conclusions on the central issue raised on this appeal.[3]

[3] We do not consider the report of Dr. Kronby in this analysis. While he was familiar with the Appellant’s medical circumstances and was copied on correspondence and reports prepared by the AVM Clinic, Dr. Kronby is a neurologist, not a neurosurgeon. Further, he does not provide detail to substantiate his opinion. As such, his report is not helpful in analyzing whether or not the treatments were equivalent.
When introducing expert witnesses in the field of medicine as witnesses they are bound by their actual registered field of practice in the area of medicine. Although they may comment on a wider range of issues and topics... It will be discounted if it is not directly related to the field of practice they are registered and practice in.

Good Luck!
Tayken
  #26 (permalink)  
Old 09-15-2012, 09:22 AM
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Tyken I cant find para with bracket 3 there. Is this same case law?
  #27 (permalink)  
Old 09-15-2012, 09:24 AM
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Quote:
Originally Posted by Tayken View Post
Well, hopefully she seeks proper legal advice on her strategy. If she does not call the witnesses the affidavit material "sworn to the truth" from the witnesses will be either thrown out or discounted in their entirety by the judge.



With regards to point #6 this is possibly a direct threat of criminal action against you in a civil matter which is possibly illegal. It is known as "blackmail". This may be in itself may be possibly criminal to do and should be raised with the proper authorities.

The Our Family Wizard message you have with this possibly direct threat of criminal action against you by the other party to the civil litigation is possibly a criminal act. I highly recommend you seek legal advice on this potentially criminal threat from a lawyer as soon as possible.

If committed to Our Family Wizard the tangible evidence to this conduct is in a third party's hands and easily identifies the originator of this possible threat. A lawyer would be the best person to advise you on how to deal with a threat of criminal action against you in a civil matter by the other party to the litigation.

Good Luck!
Tayken

Very interesting , how is illigal in any matter to say that you want to press charges to someone on such ground. Please explain.


thank you
  #28 (permalink)  
Old 09-15-2012, 09:32 AM
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ConfusedMommy, if you would like information and advice on your own situation, I would advise starting your own thread and providing background information on your situation rather than hijacking someone else's thread.
  #29 (permalink)  
Old 09-15-2012, 09:35 AM
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well I do not have any problems with my situation , but i could help WD ,as I bought TV from his ex. I PM him already.


all the best
  #30 (permalink)  
Old 09-15-2012, 09:36 AM
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Quote:
Originally Posted by WorkingDAD View Post
most likely...
But I am going to summons thous people and if they will not show up... well you know what next. It's written with big bold letter on form 23.

so maybe next time they will think twice before lie on affidavit...

Problem is thou that now mom refuse to confirm their address and give only one address which is address of her brother...

WD
it is written in big bold letters but what stands out for me the most is the word "MAY" it means that the person may or may not be arrested. Wonder how many times someone actually is arrested vs their affidavit thrown out???
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