Character reference letters...at Trial?

[Tayken]

More on hearsay evidence from character witnesses...

Spry v Esteves, 2016 ONSC 2842 (CanLII)
Date: 2016-04-29
Docket: 854-13
Citation: Spry v Esteves, 2016 ONSC 2842 (CanLII), http://canlii.ca/t/gpqlw

[14] Counsel wisely agreed that all witnesses’ evidence in chief was to be by affidavit, supplemented by brief questioning in chief and then each witness was cross-examined. This is good practice and should be encouraged.

[99] Both parties filed affidavits from friends and family. As one would expect, they are supportive of the parent on whose behalf they are filed. As one would not expect, they are full of hearsay. If a family member filed an affidavit, they were cross-examined as to bias. If a family member did not file an affidavit, I was asked to draw an adverse inference that they would not have given favorable evidence. Damned if you do; damned if you don’t. They were, by and large of little benefit to me but I will give a sense of what they were supposed to tell me.

What he had to say about the affidavits (some quotes):

[103] ... this is very old evidence in any event.
[108] ... That does not help me much with the present problems with which I am left to deal.[111] This is of little use to me.
[116] This evidence does not assist.

This case law has lots of good stuff...

[17] Mr. Esteves points out that while he acknowledges the good qualities of Ms. Spry, her material does not acknowledge any positives in him. That may well be. The judge in any trial only needs the evidence relevant to the issues to be determined. Ms. Spry has complained about several matters. I can presume that, other than those issues, Mr. Esteves is a competent father. If family litigants were required to set out everything upon which they agree along with everything they disagree, litigation will be even lengthier and more costly than it is already.

I often get a lot of messages from people complaining that the other parent has nothing good to say about them. Justice Lemon has summed up my new canned response quite nicely to those who lament about it.

Good Luck!
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[LovingFather32]

Pure Fact!!

If your ex has accused you of drinking and taking drugs get a clean blood test.

If your ex has accused you of physical abuse then She has to bring the evidence forward. Does she have any? Mixtures, police reports, witness? If not just state it's not true.

Read and digest the above^^^^

I was accused of everything under the sun.

1. Drugs/alcohol:

• Weekly urinalysis, Hair Follicle, Liver enzyme (detects binge drinking), letter from Family Dr explaining all the results

2. Abuse: Onus is on her to prove.

Drugs/Alcohol/Abuse are on every scummy lawyers template ready to use in every case. Judges are cognizant of this. Their case doesn't have to be good .. it has to be GREAT!

I had no character reference letters. Pure fact!

[Tayken]

Are such relevant letters admissible at a motion?

You can attach them to your affidavit. Judges won't consider them though generally. You are better off getting an affidavit that is sworn to the truth. That is the best thing to do. But, remember, the other party will call the person providing the affidavit to have them cross examined (or to something called discovery).

Many people get affidavits from their friends and they never show up to back up their affidavits in court. The judge will toss the affidavit quickly if the witness is not called by the submitting party.

Good Luck!
Tayken

[Tayken]

1. Witnesses that are called to testify need to present material that is relevant to the matter.

2. Letters cannot be cross examined by the other party. It is hearsay because it is:

"an out-of-court statement introduced to prove the truth of the matter asserted therein".

https://en.wikipedia.org/wiki/Hearsay

3. Letters cannot be cross examined.

4. Letters cannot be cross examined.

Get my point. The judge won't consider them because most (if not all) judges make their decisions so they are hard to appeal. If they make an order based on hearsay evidence it is easy to appeal.

Get a lawyer.

Good Luck!
Tayken

[Beachnana]

Why do you believe you need character letters?

If your ex has accused you of drinking and taking drugs get a clean blood test.

If your ex has accused you of physical abuse then She has to bring the evidence forward. Does she have any? Mixtures, police reports, witness? If not just state it's not true.

If your ex says you are a bad character so what? Are you a good parent? That's what the judge wants to know.

What you need to present are the facts.

Fact 1 - involved parent. - examples are ......
Fact 2 - responsible parent - examples are ....
Fact 3 - financial claims to house are - proof with receipts.

The judge really does not need all your buddies telling him what a standup guy you are. He wants to,know who really owes who how much and that he is placing a child with a responsible adult.

Take out a loan. Sell your car. Get a lawyer!

[Mr Green]

Are such relevant letters admissible at a motion?

[arabian]

I think it might be beneficial if you think about the judge's (or arbitrator's) role. They are there to make a decision based on the evidence presented to them.

Judge/Arbitrator will look for facts and data and information you submit which is corroborated by an expert witness.

You might want to read up on the Rules of Court for your province for further information.

Retaining a lawyer is good advice as the lawyer should know which information is admissible in accordance with the Rules of Court and which information is merely "filler."

Also you have to realize that a judge has MANY files that he/she is expected to make rulings on. They really don't care about how your local pharmacist thinks you are a great person.... they don't care that your friends (who are mega millionaires/successful business people) think you are swell... and they certainly don't care that your newspaper delivery boy likes you... it is totally irrelevant. Judges look at submissions from "expert witnesses" and people who are directly involved in your children's lives. If/when you get to the point of having to get "witnesses" then I believe it is pretty standard for the Office of the Children's Lawyer (OCL) to step in. OCL then does their own independent assessment of your situation.

Of course I have no personal experience in this area and you should most assuredly obtain competent legal advice about your own particular situation.

Getting your friends to "take sides" in your family court litigation is NOT a good thing to do IMO. I actually think that "canvassing" your neighbours for their references might very well make you look like a control freak; therefore tread carefully here.

[Links17]

You can submit the letters, its the ex-wifes job to object to the letters as heresay -

You can also make the letters as "emails/discussions" between you and the other people so you are party to the discussion.

You can also discuss certain events in relation to other people and how they reacted as proof of your "character".

Your character shows in trial.

[Links17]

This is the type of thing where experience kicks in.

What do you want "character witnesses" for?

Is your ex saying you have "character" issues?

Normally what happens is:
ex wife says "He is a f*** asshole who f*** take car of the kids"

You respond "Your honour, I take excellent care of my kids - for example a couple of months ago I took my child to the dentist for a tooth pain".....

It becomes your word against hers + you have an example for the judge to "grab on to"

I would bring character witnesses is in if you have somethings that your ex have said about you that are "shady" and you need somebody else to take your side.

I did bring some emails of parents who were super happy with my coaching of their kids soccer team - at what point the judge told me: "Nobody is saying you aren't a good soccer coach" - so I dropped that line.

[dad1414]

I got thinking about it...if it's a letter from someone giving their opinion of me how is that hearsay? If they called my ex a B then that would be hearsay no?

[dad1414]

Haha...thanks...I have no choice financially...I'm tapped out...then some…!!!

[Tayken]

I am self-representing and heading to trial for Access, custody, Spousal, and division of matrimonial property in June, after almost 3 years of trying to resolve all matters nothing is resolved. Just wonder if Character reference letters from family, friends, coworkers, managers, former managers, neighbors be of any benefit to me at trial? Thanks…

No. Letters are not admissible as evidence. If this is a question you are asking prior to trial might I recommend you seriously consider retaining a lawyer.

Letters fall under the basic rules of hearsay. You will need to call them as witnesses and have them testify under oath.

I really recommend you either settle your matter or retain a lawyer. Judges do not take kindly to self reps that lack very fundamental and basic knowledge of the law.

Good Luck!
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[dad1414]

I am self-representing and heading to trial for Access, custody, Spousal, and division of matrimonial property in June, after almost 3 years of trying to resolve all matters nothing is resolved. Just wonder if Character reference letters from family, friends, coworkers, managers, former managers, neighbors be of any benefit to me at trial? Thanks…