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LV any case law?

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  • LV any case law?


    Working on my motion to vary final Order. Any case law I may cite that you are aware of re: fraud for variance of a final order?


  • #2

    good topic to research.

    In W.K. v. T.S., 2005 ONCJ 244, The court set aside the foreign support order on the following grounds:
    • The child’s birth certificate states the father to be someone other than T.S..
    • The registration of the order herein is set aside because it was obtained by error.
    • There are also grounds that suggest that the order may have been obtained by fraud.

    Danylkiw v. Danylkiw, 2003 CanLII 2188 (ON S.C.),

    In Neger v. Erez, 2005 CanLII 30858 (ON S.C.), the court referred to International Corona v. Lac Minerals which that court expressed the view as follows:
    "It must be shown by the party asserting that a judgment was procured by fraud that there has been a new discovery of something material, in the sense that fresh facts have been found which, by themselves or in combination with previously known facts, would provide a reason for setting aside the judgment”.

    In the result, the court adjourned the motion to a date to be determined by the Registrar.

    In dealing with the issue of awarded costs and orders made on fraud Gallagher v. Pettinger, 2003 CanLII 3555 (ON S.C.),

    Aristocrat v. Aristocrat, 2004 CanLII 32256 (ON C.A.),

    Fraud and Costs award - Statham v. Statham, 2003 CanLII 2278 (ON S.C.),

    Fraud and Costs award - Interesting case Ms. Coady was a previous lawyer.
    Coady v. Boyle, 2004 CanLII 15122 (ON S.C.),



    • #3
      Thanks again LV

      Thank you so much LV,

      I appreciate this, lots to think about, nothing to worry about.

      All the best,


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