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Old 03-22-2017, 05:14 AM
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Morning;

Has anyone noticed The Post doing daily articles on family law.

Ms Blatchford is a long time writer, I'll be curious if anything positive comes about as a result of her columns.

The system truly needs an overhaul.



Have a good day,
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Old 03-22-2017, 01:19 PM
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Unfortunately, those articles appearing in the Toronto Star or the Globe and Mail would be much more meaningful. National Post is sadly trending towards the "Fox News" end of things.
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Old 03-22-2017, 01:27 PM
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BUT, they are then carried in local papers under that umbrella. More people read the local paper than they do a national paper and the globe doesnt have any subsidiaries.

I read both her articles and like them. Im a fan of hers and she tends to get good reactions.


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Old 03-22-2017, 01:50 PM
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Christie Blatchford: Their child is almost 11 years old ? so is their child-custody fight | National Post

Here is the case law on this one I believe:

Johanns v. Fulford, 2010 ONCJ 756 (CanLII)
Date: 2010-11-02
Docket: DFO 0611158 B2
Other citation: 15 RFL (7th) 178
Citation: Johanns v. Fulford, 2010 ONCJ 756 (CanLII), http://canlii.ca/t/fp85r

Johanns v. Fulford, 2011 ONCJ 781 (CanLII)
Date: 2011-12-23
Docket: DFO 06 11158 B2
Citation: Johanns v. Fulford, 2011 ONCJ 781 (CanLII), http://canlii.ca/t/fpg8k

Johanns v. Fulford, 2012 ONCJ 103 (CanLII)
Date: 2012-02-29
Docket: DFO 0611158 B2
Citation: Johanns v. Fulford, 2012 ONCJ 103 (CanLII), http://canlii.ca/t/fqd2n

And my assumption was correct. The litigant shares the information on his twitter account:

https://twitter.com/DavidJohanns/sta...25423828578304

"Here is a follow up article. In court today and tomorrow to continue this journey...." 5:25 am - 22 Mar 2017

My favourite quote from case law:

Quote:
[9] Mr. Johanns is self represented and, on occasion, it was difficult to follow his argument with precision.

Source: Johanns v. Fulford, 2011 ONCJ 781 (CanLII), par. 9, http://canlii.ca/t/fpg8k#par9, retrieved on 2017-03-22.
Sometimes you need to read the "real story" on CanLII to get the real story. The media sensationalizes stuff. CanLII is raw results.

First matter he was ordered to pay 65,000.
Next one $4,000.

And I conclude with this wise words which I hope this litigant seriously considers:

Quote:
[26] As Justice Quinn noted in Gordon v. Starr, supra, at paragraph [23]:

[23] . . . Court orders are not made as a form of judicial exercise. An order is an order, not a suggestion. Non-compliance must have consequences. One of the reasons that many family proceedings degenerate into an expensive merry-go-round ride is the all-too-common casual approach to compliance with court orders.

...

[27] I have considered the sanction options available to me and I am satisfied that the most appropriate remedy at this time is to dismiss this motion to change with costs. As to the change contemplated in the consent order in September 2011, I would suggest, as I did in court after the motion was argued, that Mr. Johanns seek further legal advice with a view to entering into a negotiated settlement. The issue to be decided on an ongoing basis is not complicated and may be determined by a mathematical formula. I note in the past that Mr. Johanns has had the benefit of legal advice and I urge him to seek such advice in this regard. It is clear to me from reading his material that he does not understand how these calculations are made....
I have no sympathy for this litigant and nor did the article don't impress me much.

Good Luck!
Tayken

Last edited by Tayken; 03-22-2017 at 02:23 PM.
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Old 03-23-2017, 12:27 AM
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I had written a whole mouthful, so I'll edit that all out and instead just raise awareness that there is a family law crisis in Canada. Source: a book written by a Canadian family law lawyer.

Last edited by trinton; 03-23-2017 at 12:46 AM.
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Old 03-23-2017, 10:03 AM
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10 years ago, Ms. Blatchford wrote couple of articles in newspaper re offences of young lawyer in the murder case. Ombudsman also investigated lawyer's actions. Now that young lawyer is mature in his age in his offences too. He was opposing lawyer in my matrimonial and civil cases. What he did there is not acceptable according the law and morality too. However judges and LSUC were OK with that.

I sent my materials to Ms. Blatchford. She didn't respond.

I believe that media is allowed to give info like "family courts in crisis and we need more judges due self-represented litigants". Media is silent re terrible lawyers & judges in the family courts.
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Old 03-23-2017, 10:44 AM
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Last edited by trinton; 03-23-2017 at 11:15 AM.
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Old 03-23-2017, 11:04 AM
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Old 03-23-2017, 11:11 AM
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Last edited by trinton; 03-23-2017 at 11:17 AM.
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Old 03-24-2017, 11:28 AM
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As a followup the litigant in this matter recently wrote on twitter:

https://twitter.com/DavidJohanns/sta...78672738152448

Quote:
My problem officially made the front page of a National Newspaper. So I guess I can now officially qualify it as a real problem.
The real problem David is outlined in case law already. Had the author of that article actually read your case law... They would have truly seen where the problem lies... With you! (See above quotes that you seem to have ignored.)

More case law gems to consider David:

Quote:
[23] Mr. Johanns has continued to litigate this matter long after the time it makes any economic sense to litigate. In any cost-benefit analysis, any benefit that he might possibly secure (at best, small) in winning the motion, would make no appreciable difference in the amount he owes Ms. Fulford, and is far outweighed by the cost of continued litigation to Ms. Fulford and the potential cost consequences in the event he is unsuccessful.
Oh and another case that isn't linked to the others for some reason:

(Figured out... The parents crossed court jurisdictions between SCJ and OCJ. Yay for expensive over payed laywers!)

Johanns v. Fulford, 2014 ONCJ 348 (CanLII)

Date: 2014-07-15
Docket: DFO-06-1115882-03
Citation: Johanns v. Fulford, 2014 ONCJ 348 (CanLII)
http://canlii.ca/t/g84ws

Quote:
[2] ... The applicant is the child’s father. He has supervised access pursuant to a temporary order made in this court on 13 December 2013, varying the final order. The respondent is the child’s mother. She has custody of the child pursuant to the final order.
That temporary order is not on CanLII. So, can't really comment on why this happened.

Quote:
[7] This matter has always been what is termed “a high conflict” case. The parties have been involved in litigation, or in a dispute resolution process with a parenting co-ordinator, for the whole of the child’s life. The parenting co-ordinator is no longer engaged. There have been numerous applications, conferences, motions, orders and appeals. The court record is voluminous...
High conflict parents like this will never stop fighting. It isn't the court's problem! It is a problem with the PARENTS!!!!

The money on this file is incredible. We have Harold Niman, one of the most expensive in the GTA! We have Dr. Irwin Bertowski one of the most expensive Section 30 assessors!

And they use the court for every little stupid thing!

Quote:
[22] Since 26 July 2013, as case management judge in the motion to change, I have made at least five substantive orders. Several of these orders relate to travel arrangements and consents...
Oh my!

And of course, we have another parent lamenting about things that they consented to and with counsel!

Quote:
[36] Although the respondent initiated the proceedings in the Superior Court, it appears that the applicant, when represented by counsel, consented to the most far-reaching order. In all the circumstances, there will be no order of costs on this motion.
Ugh... Wasting tax payer money!

Last edited by Tayken; 03-24-2017 at 11:57 AM.
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