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

[DontGiveUp]

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"

[plainNamedDad44]

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.

[DontGiveUp]

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

[blinkandimgone]

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.

[plainNamedDad44]

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 ?

[plainNamedDad44]

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

[blinkandimgone]

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.

[Serene]

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.

[Serene]

You should note that lawyers are not allowed to record in their rules of conduct.

[Tayken]

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!
Tayken

[standing on the sidelines]

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!
Tayken

That's what I was wondering also. If the OP is wrong in his assumption and feelings about the supposed bias of the OCL then it could come back and haunt him. Thanks for answering that.

[DontGiveUp]

Tayken,

You seem to think I have a pattern of negative behaviours. So I have a lazy, or incompetent, or bias, Children's Lawyer on my case and I am the one with negative behaviours?! This is going to be the key third party presenting what "he feels" the children want and are in their best interests and I shouldn't be concerned about his behaviour and having it potentially on record in any way?

You sure seem to have a beef with me on here.

[Tayken]

That's what I was wondering also. If the OP is wrong in his assumption and feelings about the supposed bias of the OCL then it could come back and haunt him. Thanks for answering that.

I haven't seen a single case file where a party has taken to writing complaints (or threatening them) against one of the lawyers (theirs, the other parties or the OCL) that has netted a positive result for the complainer.

Good Luck!
Tayken

[DontGiveUp]

You seem to have a wealth of family case law knowledge and some excellent resources I will admit but you mentioned you aren't a lawyer, what do you do for a living?

[DontGiveUp]

Thanks everyone, I record for my own use and for my lawyer to review and if anything inappropriate determine how best to challenge the OCL's investigation and procedure when we get to that stage.