Bankruptcy discharge hearing after cost order...

[Rioe]

WD you should be careful about your child, when you push people into corners they might do reckless things. Congratulations.

The woman in question has backed herself into her corner all by herself, and refuses any and all help getting out of it. All WorkingDad is doing is ensuring that the child is not caught in the corner with her.

[Links17]

I'm not saying you did anything wrong but she has basically fought you tooth and nail and lost badly and repeatedly, this breeds frustration and frustration breeds desperation.

[somethingelse]

WD, Congratulations. I hope you are able to collect all that you are owed.

[Tayken]

Hello All

I finally got my decision from bankruptcy discharge hearing (see above for details). It just two pages so I will just attach it here and let you to come to your own conclusion. I guess Tayken will give some thoughts as always

see attached pdf (please change .zip to .pdf after download and open in reader)

Regards,
SB

In the immortal words of the Honourable Mr. Justice Quinn:

Paging Dr. Freud. Paging Dr. Freud.

This case that reveals the ineffectiveness of our Family Courts in a bitter custody/access dispute, where the Applicant/Bankrupt ("Mother") requires professional medical intervention by a professional who is recognized under the Regulated Health Professions Act rather than further legal attention and advocacy (peddled possibly in contravention of the law as "mental health services" aka "counselling")!!!!!!!

This parent has been marinating in hatred so intense as to surely amount to a personality disorder (Axis II - Cluster B) requiring treatment.

A proper Fornesic Psychologist/Psychiatrist whom is recognized under the Regulated Health Professions Act needs to be ordered to conduct a full investigation into this parent's psychological well being.

Although this references US case law it is the best material I have seen on how to properly request a mental health evaluation:

http://www.njdc.info/pdf/maca3.pdf

I agree with the submission of the creditor that a clear message needs to be brought home to the bankrupt that she cannot litigate without impunity and with immunity.

I just wish the justice would have written:

The medical eVidence tendered did not support her claim that a brain tumour was causing memory loss, confusion, etc...

... and appears to be similar to a pattern of behaviour (factitious disorders) commonly associated with an Axis II disorders (Cluster B) of the Personality (Histrionic Personality Disorder). This continued conduct by the bankrupt/applicant/mother requires a proper diagnosis by a proper registered medical professionals at CAMH and to include a full diagnosis of her current mental health condition in accordance with FORM 1 of the Mental Health Act.

Good Luck!
Tayken

[Tayken]

Ontario Alliance of Mental Health Practitioners FAQ-Regulations

When does the new Psychotherapy Act come into effect?

Bill 171, of which the Psychotherapy Act, 2007 was a part, received Royal Assent on June 4, 2007. Only Sections I, 2 and 12 of the Act came into force at that time. They provide for the name of the new College; for incorporating the Health Professions Procedural Code into the Act; and for the transition period to set up the new College before the rest of the provisions come into force.

When will the new College of Registered Psychotherapists Therapists of Ontario be up and running?

At this time, the projected date for proclamation is April 1, 2014.

Anyone pawning themselves as "counsellors" and "therapists" as of April 1, 2014 are required to be registered in accordance with the Psychotherapy Act under the Regulated Health Professions Act.

Those improperly using the title of "therapist" or "counsellor" in the field of Mental Health whom are not properly qualified and registered medical professionals in accordance with these acts should cease and desist their conduct in the immediate and contact the Transitional Council of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario to understand the new laws that have come into effect in Ontario.

The standards of practice for psychotherapists can be found here:

http://www.crpo.ca/wp-content/upload...d-Jan29-14.pdf

Good Luck!
Tayken

[standing on the sidelines]

all I can say WD is congrats.

[WorkingDAD]

Thanks you guys but it looks likes it far from over in bankruptcy court. Apparently mom decided to appeal

THE APPELLANT ASKS that the judgment be set aside and a judgment be granted as follows
a) Appellant absolute discharge.

THE GROUNDS OF APPEAL are as follows:
a) Appellant has no recourses to pay such huge amount of money.
b) Appellant personal life is in harsh situation.
c) Appellant already receiving threads from creditor in regards of her son.
d) Decision from Master could impact health of Appellant.
e) Appellant is not able to work, she is waiting for disability decision.

Even thou it would be really nice to run this through court of appeal (I pretty sure that there is very little possibility it will even be accepted not to mention overturned) to make this judgement even more important I really not excited to learn appal procedures and all related staff

WD

[Pursuinghappiness]

I don't get it...how did she afford these court fees? Is it all paid through legal aid?

[WorkingDAD]

I don't get it...how did she afford these court fees? Is it all paid through legal aid?

Well, I don't really know. It does not looks like she has legal AID but who knows. She is self rep now. Base on notice of appeal it her who prepared this because no lawyer what do it

Problem is that it does not really cost her anything but it cost me and that most likely why she is doing it. It's like I know I will loose but at least it give hard time to other side and I am not going to pay cost anyway (because I do not have money) why not right? There is always a chance isn't it ?

Regards,
WD

[Tayken]

Thanks you guys but it looks likes it far from over in bankruptcy court. Apparently mom decided to appeal...

When to Appeal

The above provided grounds for the appeal will not even see the light of day. It is unfortunate that you continue to be harassed in such an abusive way by the litigant in this matter. You have entered into an almost "freeman on the land" zone where you are soon going to be getting notices of motions from the Gozar from Ghostbusters.

Generally, an appeal is required to show an error of law, or an error of both law and fact. An error of law is an error that relates to a point of law rather than a point of fact. An error of law addresses statements of the law and focuses on showing how the law was misapplied.

An error of both fact and law is a mixed error of law and fact where both law and fact are intertwined.

Pure errors of fact are less recognized as a ground of appeal. This is based on the reasoning that the trial court, not the appeal court, is the court in the position to judge facts, since an appeal does not recreate a trial with all the witnesses and the hearing of the evidence. Where recognized, such errors of fact alone, must be "overriding and palpable" in the words of the Supreme Court of Canada, meaning, they should be very obvious.

I don't think the bankrupt/applicant/mother/storm/et all... read the decision from the Master. The master specifically states that she needs to stop doing this and an appeal is exactly the opposite of that... It is more litigation.

This has become a case of a parent with an obvious mental health disability in need of treatment... Not an appeal hearing, more motions, and more face time with the court system. She needs face time with a REGISTERED MEDICAL PROFESSIONAL and preferably one that practices at CAMH.

Good Luck!
Tayken

[Links17]

-You might be able to ask for a dismissal of the appeal now because it has no chance for success.
-You should perhaps ask the court to consider her a vextatious litigant - in Quebec it is possible and used to prevent people from filing any motions without permission.
-She'll have to pay for stenographic notes of the hearing, somewhat expensive. 3$/minute or something in Quebec.

[involveddad75]

Wow, WD it really never does end, does it.
Congrats on everything you have done.

Keep in touch man.