What would be the procedure for a perjury charge.

[kevindell]

What is the procedure for bringing up a perjury charge. I have affidavits filed by my ex that I can prove are perjury. One issue is within the provincial courts jurisdiction of family law the other would have be dealt with in divorce court.

I have read everything has written about the minefields and uselessness of perjury charges in the family court. On a purely theoretical basis, how would you start the process of having a perjury charge laid. Would you complain to the family court or would you go to the police? Could you see a justice of the peace to lay it privately.

Thanks all, this forum has been very helpful.

[MommaMouse]

My ex perjured himself on a number of documents, including filing a false statement he claimed was from a friend which he signed himself, the friend wanted to file purjury charges but from what I understand in Family law it is frowned apon, since really it accomplishes absolutly nothing but getting revenge. It is not in your best interest or the childrens, so when something comes up that is false (ie my ex said his house value was $2600) bring it up in court, call it a mistake and give them a chance to correct it. Honestly even theortical base, no one would press charges or be bothered with it I think.

[SillyMe]

Perjury in Family Court isn't very common. Simply fill out form BS 8.5 from the forms catalog and file with the court. They will call you with available motion dates.

[hadenough]

Don't waste your time or energy on this. People commit perjury on a regular basis in Court, under oath. In my experience, no one gives a shit.. They are SO used to it, I'd say that it's almost "expected." That is what I found throughout my 4+ years of fun in the Court system/litigation. I've seen lawyers lie in Court. Definitely my ex lied on every single affadavit, financial statement, examination under oath etc.

Take some comfort in the fact that the Courts see/hear pure BS all the time and the judges have a keen sense of who does or doesn't have credibility. One only has to be caught in one lie to blow their credibility sky-high. I wish there was a charge for it - but it's just not something that anyone in power follows through on. If perjury was punishable by fine and/or jail - I wouldn't have had to go to trial and would have been out of Court years ago. Seriously, don't waste your time pursuing this.

[kevindell]

My ex perjured himself on a number of documents... call it a mistake and give them a chance to correct it. Honestly even theortical base, no one would press charges or be bothered with it I think.

I have made several requests for her to withdraw the affidavits in question. She acknowledges that the info is wrong or more precisely she did not know what she was talking about. She is still going after me for assets using the affidavit. I face several thousands of dollars of fines from it, maybe even jail time.

I have asked her several times to let us work something out, she refuses.

[sahibjee]

i agree with kevindell, i burns me when the ex just lies about pretty much every thing that comes out of her mouth, and i have documented evidence against almost every thing she has put in her affidavit and even her financial statement, but nothing could be really done .. .its seems like ...

[dinkyface]

What are you hoping to achieve with a perjury charge?

I think your best strategy is just to present your proofs of perjury so that that she no longer has any credibility in front of the judge.

The judge will get very impatient with her.

You will get high marks from the judge for taking actions that move your dispute FORWARD to resolution, and not getting side-tracked by additional litigation. So... in all your affidavits, just dismiss her position, and put forward your position in a positive tone.

[hadenough]

Affadavits usually have supporting documentation. IE: attached is schedule A. B etc. The lies used to piss me off a lot too. In the end, ex looked like a total bozo. Right thru his own lawyer questioning him, and then mine on Cross-examination, he LIED. And guess what? He got caught. Every single time. When he said "blah blah" re: his income for example, out came that "sworn financial statement" and he was made to read out, for the Court, his reported numbers which he just contradicted. This happened several times. It was plain to see that he was a Liar and his "no credibility" was duly noted in the Final Decision.

This falls under the BEHAVIOR of the person during litigation/trial. The "behavior" then becomes a big part of the judgment and the final ruling on Costs. I don't get mad at the bs he spews out anymore. He's a joke. A blind man on a dark day could tell he's a liar. He has no credibility. Be patient. I know it sucks but you stay the course. Back up what you're saying and know that the liars get revealed in time.

[kevindell]

... Be patient. I know it sucks but you stay the course. Back up what you're saying and know that the liars get revealed in time.

I guess my issue is that she is also pursuing the matter outside of the family court. So even if we come to an amicable agreement with the family matters I could still face penalties outside family court.

[hadenough]

How so, "outside of the Family Court?" What kind of penalties do you fear you may face?

[kevindell]

How so, "outside of the Family Court?" What kind of penalties do you fear you may face?

Violations of various personal and business tax acts. There are fines and possible jail sentences.

[Tayken]

My ex perjured himself on a number of documents, including filing a false statement he claimed was from a friend which he signed himself, the friend wanted to file purjury charges but from what I understand in Family law it is frowned apon, since really it accomplishes absolutly nothing but getting revenge. It is not in your best interest or the childrens, so when something comes up that is false (ie my ex said his house value was $2600) bring it up in court, call it a mistake and give them a chance to correct it. Honestly even theortical base, no one would press charges or be bothered with it I think.

100% correct on the use of criminal proceedings in family law. They bring no resolution to the matter. You are better off using the statements against the other party and letting them to continue to lie. Judges are very good at seeing this and the results are much better in the long run for the party that doesn't lie.

Lies have short legs. It is frustrating that the system is not accountable to the statements and warnings on the bottom of a Form 14 (affidavit) but, there are very few (if any?) cases of perjury in Family Law.

Good Luck!
Tayken

[Tayken]

Don't waste your time or energy on this. People commit perjury on a regular basis in Court, under oath. In my experience, no one gives a shit.. They are SO used to it, I'd say that it's almost "expected." That is what I found throughout my 4+ years of fun in the Court system/litigation. I've seen lawyers lie in Court. Definitely my ex lied on every single affadavit, financial statement, examination under oath etc.

Take some comfort in the fact that the Courts see/hear pure BS all the time and the judges have a keen sense of who does or doesn't have credibility. One only has to be caught in one lie to blow their credibility sky-high. I wish there was a charge for it - but it's just not something that anyone in power follows through on. If perjury was punishable by fine and/or jail - I wouldn't have had to go to trial and would have been out of Court years ago. Seriously, don't waste your time pursuing this.

Also, the "balance of probabilities" makes it easy to navigate around perjury. On the balance it wasn't true. On the balance it was true. In a logical break down on an assessment of evidence, perjury falls into the "balance of not being true" (false) and is disregarded anyways.

In fact, you are better to collect the stupidity like gold stars and address each one on a factual basis. The person lying often can't give particulars. Common rule that judges know. So if they say something brief, with no particulars, they already know it is BS.

For example:

xx. Throughout my relationship with the Respondent the Respondent has emotionally abused me on several occasions.

No followup, no examples, no dates, no times, no witnesses... Basically, it means nothing other than emotion (a "feelilng") Judges are well trained in seeing through the BS.

Now if paragraph xx. then has a sub section of (a) through (z) with times, dates, and third party witnesses then, you have something substantial to balance probability on.

Typical response to xx. given here is:

yy. In response to the Applicant's baseless allegations in paragraph xx. no dates, times, witnesses or any other cogent evidence in support of this claim has been provided. I have never emotionally abused the Applicant.

Good Luck!
Tayken

[kevindell]

I guess I am stuck because of where I am in the process. In the case conference we mediated to a temporary order. Going back to the case conference judge soon, if he is there this time. Most of this has transpired after the temp order.

She has accused me of taking/having physical title, the paperwork, of an interest we had in a company. There is outstanding taxes due (overdue now) which are held by the management company.

Only with the papers can anyone do any banking (pay fees, receive payments, etc) with the proceeds we are paid. I know this is a somewhat unusual set up but it keeps things simple. It did anyways when we were married.

Since she left me she has been paying herself bi-weekly even though she claims in her
affidavit that I have all the necessary paperwork. She is using the cheques from the interest's bank account.

When I pointed this out to her she agreed that she did have physical possession of the paperwork. Yet she still continues to accuse me of wrongdoing and PHYSICAL POSSESSION! I have calmly explained to her each issue she has concerns about. They are petty things. Most of the problem is she does not understand the title or how to read the balance sheet. Now she also has all sorts of debits and credits in the account. A normal month will see ten entries in the account, now there are 4 times that and she will not explain it.

The CRA comes to me to ask what is going on because I am listed as the contact person. I cannot change that until the taxes are paid.

In another affidavit she makes claims about the residency of her sister so she can claim social benefits. The sister works/lives in another country. My wife said that the sister lived with us so she can help with our child. Never happened. I found out over the weekend the the cops are looking for the sister. They showed up at our old address.