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Old 07-08-2016, 11:56 PM
Hand of Justice
 
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Default Victory is Mine (again)

I just got the result of another court of appeal decision overturning the decision I pay my ex-wife 10,000$ for her legal fees to defend against a previous appeal which eventually was won by me with costs against my ex-wife.

Interestingly, the decision was a split decision 2 v 1 (in my favour thankfully)

Some highlights for those of you with any confidence that the judges in this system are guaranteed to be fair:
____

[23] In this case, the judge did not base his judgement on pertinent factors and the resulting decision is unjust fo the appellant

[25] The provision for costs in this case looks like a punitive measure taken against the appellant. The actions the judge refers to in his motives reinforces the judges erroneous belief that the appellant was quarrelsome.

_____

One more appeal to go!



-Hand of Justice
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Old 07-09-2016, 06:59 AM
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Congratulations! You've got moxy!
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Old 07-09-2016, 09:12 AM
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Would you care to post the Canlii.org version when it's published?
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Old 07-09-2016, 02:14 PM
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Way to go Links17. Your achievements and your determination to assert your rights is surely an inspiration for all of us who are leading a similar battle.

You sure have the Hand of Justice.
Good luck at your last appeal!

Will it soon be over for you?

M007
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Old 07-09-2016, 07:35 PM
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I will be done when she finds a new guy to fund her I think and she entraps him permanently.

Otherwise there is one last appeal pending where she is appealing the alimony ending this September coming.

I will post the decision shortly (since it is a CoA decision it always goes online). I will also give my commentary, context and lessons learnt too
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Old 07-10-2016, 01:48 PM
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Wow - congrats!
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Old 07-12-2016, 02:31 PM
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Here is the decision (it's in french though)

It's a bit interesting, there were really 2 different viewpoints...

http://canlii.ca/t/gsfhv
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Old 07-13-2016, 02:26 AM
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Quote:
Originally Posted by Links17 View Post
Here is the decision (it's in french though)

It's a bit interesting, there were really 2 different viewpoints...

http://canlii.ca/t/gsfhv
I don't agree with the second viewpoint. To consider someone vexatious is a serious thing to do. The justice didn't meet the threshold for what should be considered vexatious by any means at all.

The justice in your matter really didn't like you that is for sure. But, personal opinion should not skew facts of law. I agree with the two other judges in the granting of the appeal.

You need to have a court record that contains LOTS of failed motions to slam a litigant as vexatious. By a long you need to have a "resourceful" amount of motions brought forward.

I doubt you will get that judge ever again.

I note the delay tactics used by the other party in trying to get to this appeal. They delayed what I think is two (2) times?

(FYI: For those who can't read French I think you can use google translate to translate the page some how.)
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Old 07-13-2016, 11:14 PM
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No I won't get that judge again, in fact when I was in front of him for this exact motion he tried to move me somewhere else himself but nobody was available but then he went ahead and was a jackass.....

However, I now have an "assigned" judge by order of the chief judge, probably to protect me from that other judge....

The second viewpoint was tenous but basically she said I didn't explicitly point out a valid problem with the decision in the first place. The first opinion was more liberal and took the position that even if I didn't explicitly point out the specific problems they still were going to intervene.

My ex-wife entire life strategy is based on delay, delay... from the moment we seperated she has dragged everything out as long as possible because by default women (poorer party) win and as a the richer party you need drag yourself out of the mud if you don't break and give them whatever what they want.

I am a living example of how there can be completely incompetent judges who an ruin your life and without inhuman perserverance and self-representation (or being very rich) there is not a damn thing you can do about it.
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