Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #31  
Old 02-13-2018, 02:05 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 843
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
So the claim against you is for sexual assault? That was the only change I was aware of. Your daughter witnessed you sexually assault the other parent?!
No!!! Please !!!
Reply With Quote
  #32  
Old 02-13-2018, 02:18 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,661
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by plainNamedDad44 View Post
No!!! Please !!!
Then what are these changes that prevent you from relying upon statue? Really, the only one that changed in the time frame you said was sexual assault claims.
Reply With Quote
  #33  
Old 02-13-2018, 02:29 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 843
plainNamedDad44 is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
Then what are these changes that prevent you from relying upon statue? Really, the only one that changed in the time frame you said was sexual assault claims.
Statute of Limitations 16 (1) h2

16 (1) There is no limitation period in respect of,

(h.2) a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the assault:

(i) they had an intimate relationship,

(ii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;
Reply With Quote
  #34  
Old 02-14-2018, 12:18 AM
backinthesaddle backinthesaddle is offline
Junior Member
 
Join Date: Apr 2017
Posts: 19
backinthesaddle is on a distinguished road
Default

Ethically no you shouldn't. Your ex's relationship with her children may be strained at the moment but hopefully will change over time. Using your daughter as a witness will be detrimental for any future reconciliation. Secondly, your daughter is not an expert witness. Her testimony will only be of what she saw that day. Not what she thinks the injuries should have been. Your ex's lawyer will have the police investigation and if you went to court, they will have the transcripts as well and any medical records. A minor testimony from a child of the marriage won't be worth much and will come at a huge personal cost to your daughter.
Reply With Quote
  #35  
Old 02-14-2018, 10:25 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,661
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by plainNamedDad44 View Post
Statute of Limitations 16 (1) h2

16 (1) There is no limitation period in respect of,

(h.2) a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the assault:

(i) they had an intimate relationship,

(ii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;
Was the person "financially, emotionally, physically or otherwise dependent" on you at that time? That is a clause that only a "child" could qualify under generally. You didn't "abduct" the other adult in the relationship. They were of their own free will. To meet the criteria of dependency in (ii) requirement is hard. Very hard. The other party has to admit that they were incapable of being an adult.

If I believe what you said... A single occurrence happened. You admitted to it and you now have custody and majority access of the children. Res judicata from your previous family law court orders criminal court etc... may block the tort. Not sure if you have looked into this?

Have you considered making an offer to settle for 5,000. The awards for this stuff are generally, about 10,000. Offer half just to get it done. Furthermore, they can't use the offer to settle in court. And if it goes against you, your offer to settle at 5,000 may have a significant impact on the costs you would pay.

Are you in the trial right now? Or are you still waiting to be called? I am sure if you have "lots" of lawyers they explained all this to you.

Last edited by Tayken; 02-14-2018 at 10:39 AM.
Reply With Quote
  #36  
Old 02-14-2018, 11:04 AM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 843
plainNamedDad44 is on a distinguished road
Default

Taken, firstly a big thank you for your time. Please see below.

Quote:
Originally Posted by Tayken View Post
Was the person "financially, emotionally, physically or otherwise dependent" on you at that time? That is a clause that only a "child" could qualify under generally. You didn't "abduct" the other adult in the relationship. They were of their own free will. To meet the criteria of dependency in (ii) requirement is hard. Very hard. The other party has to admit that they were incapable of being an adult.
Excellent point regarding clause (ii)- STBX I believe would claim financial dependency - but she owned have of my business and our rental property was in her name, i.e. she had income, and she had full access to all bank accounts during marriage.

What about clause (i) - "in an intimate relationship".? We were married and although did not share a bed for many years, I am assuming that this one will likely stick. - unfortunately.

Quote:
Originally Posted by Tayken View Post
If I believe what you said... A single occurrence happened. You admitted to it and you now have custody and majority access of the children. Res judicata from your previous family law court orders criminal court etc... may block the tort. Not sure if you have looked into this?
The claim for tort was brought very late in the game. By that time, the children all lived with me permanently, and STBX was required to pay child support - all by court order made prior to the tort. So if the claim did not exist, then any prior rulings could not have really applied could they ?

Quote:
Originally Posted by Tayken View Post
Have you considered making an offer to settle for 5,000. The awards for this stuff are generally, about 10,000. Offer half just to get it done. Furthermore, they can't use the offer to settle in court. And if it goes against you, your offer to settle at 5,000 may have a significant impact on the costs you would pay.
They are asking for high 6 figures, which destroys my home and RRSPs entirely and means I would work until I die. I have reviewed tort award amounts on canLii and awards are much lower in this context for far worse torts. I was going to offer her 50,000 to get out of my face.

They are trying to shake my tree. I know.

Quote:
Originally Posted by Tayken View Post

Are you in the trial right now? Or are you still waiting to be called? I am sure if you have "lots" of lawyers they explained all this to you.
I just had my second TSC and they are dragging their feet on producing medical records regarding several intervening events (occuring years later). Right now we are targeting November sittings.

I have had multiple lawyers look at the statute - they all interpret it slightly differently.

Last edited by plainNamedDad44; 02-14-2018 at 11:10 AM.
Reply With Quote
  #37  
Old 02-14-2018, 11:12 AM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 843
plainNamedDad44 is on a distinguished road
Default

Taken, firstly a big thank you for your time. Please see below.

Quote:
Originally Posted by Tayken View Post
Was the person "financially, emotionally, physically or otherwise dependent" on you at that time? That is a clause that only a "child" could qualify under generally. You didn't "abduct" the other adult in the relationship. They were of their own free will. To meet the criteria of dependency in (ii) requirement is hard. Very hard. The other party has to admit that they were incapable of being an adult.
Excellent point regarding clause (ii)- STBX I believe would claim financial dependency - but she owned have of my business and our rental property was in her name, i.e. her income, and she had full access to all bank accounts during marriage.

What about clause (i) - "in an intimate relationship".? We were married and although did not share a bed for many years, I am assuming that this one will likely stick. - unfortunately.

Quote:
Originally Posted by Tayken View Post
If I believe what you said... A single occurrence happened. You admitted to it and you now have custody and majority access of the children. Res judicata from your previous family law court orders criminal court etc... may block the tort. Not sure if you have looked into this?
The claim for tort was brought very late in the game. By that time, the children all lived with me permanently, and STBX was required to pay child support - all by court order made prior to the tort. So if the claim did not exist, then any prior rulings could not have really applied could they ?

Quote:
Originally Posted by Tayken View Post
Have you considered making an offer to settle for 5,000. The awards for this stuff are generally, about 10,000. Offer half just to get it done. Furthermore, they can't use the offer to settle in court. And if it goes against you, your offer to settle at 5,000 may have a significant impact on the costs you would pay.
They are asking for high 6 figures, which destroys my home and RRSPs entirely and means I would work until I die. I have reviewed tort award amounts on canLii and awards are much lower in this context for far worse torts. I was going to offer her 50,000 to get out of my face.

They are trying to shake my tree. I know.

Quote:
Originally Posted by Tayken View Post

Are you in the trial right now? Or are you still waiting to be called? I am sure if you have "lots" of lawyers they explained all this to you.
I just had my second TSC and they are dragging their feet on producing medical records regarding several intervening events (occuring years later).

I have had multiple lawyers look at the statute - they all interpret it slightly differently.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
New witness after closing cases freespirit Divorce & Family Law 0 01-23-2016 12:03 AM
Is there a text app that blocks/forward texts to email? dadthatshadenough Parenting Issues 3 09-27-2014 02:08 PM
She's asking for kids to call her but she lies/makes false police reports knackered Parenting Issues 5 07-31-2013 09:25 PM
Witness to Trial Fam Law Divorce & Family Law 4 07-24-2012 02:34 AM
objection to witness/expert witness dvr Divorce & Family Law 1 04-17-2007 09:08 AM


All times are GMT -4. The time now is 04:39 PM.