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-   -   How to Deal with Forgery/Tampering (https://www.ottawadivorce.com/forum/showthread.php?t=22171)

jchiles 11-17-2018 01:18 AM

How to Deal with Forgery/Tampering
 
1 Attachment(s)
My Ex has been passing tampered/fake CRA documents through her lawyer for some time. In the last document I was given, her 2017 NOA, she made an error that objectively gives away the tampering: In the RRSP Deduction Limit Statement, in the last paragraph, it should read, “...you have no contribution room available for 2018”, but she has “2017”, as per the attached screenshot.

There has been at least one other document with an error. And she has/her lawyer has committed incontestable perjury twice: one of these instances was her not serving me with tax returns even though she checked the box that said she would on her original 13.1; months later after being told she didn’t serve me I still didn’t get them, and well over one year later one of the returns promised in that 13.1 is still outstanding.

There are also filing anomalies with her Application and accompanying documents: no affidavit of service could be found by the filing office and no leave was granted to file without this; and neither the original copy of her Application filed with the court nor the “trued-up” copy served on me bears the seal of the court (against the Courts of Justice Act). The Ministry of the Attorney General would not tell me who the clerk was that signed it (was not legible), and just referred me to the court. My local MPP’s office is going to request the Ministry provide me an answer.

Should a Justice of the Peace not care about at least the objective NOA tampering? She is trying to avoid having to pay spousal. 21 year marriage, I am on ODSP and cannot work, I have been declared a special party (lacking capacity) and the Public Guardian and Trustee is about to take over. I am sharing a one bedroom and having to skimp on food while she lives with the kids in a bigger house than the matrimonial home. There is some complexity because my Ex, for years before our separation, has been supported by wealthy parents. But, the gifting seems to meet criteria that would have it included in family income.

I have not yet gone to a justice of the peace for the tampering. I tried for the perjury and no go. I am trying to see if police will investigate the tampering, but, I highly doubt they will.

Thanks.

arabian 11-18-2018 01:02 AM

My ex lied and swore "false evidence" time and time again throughout our litigation (did it again recently in Spring). Not a big deal. You just keep the documentation and if/when your ex takes you to court you present your 'evidence' as part of your sworn affidavit.

My ex has now been labelled by 2 superior courts in Canada as "not coming to court with clean hands" which is a big deal, at least for him, going forward should he wish to pursue his claim(s).

Your matter is something I think that would be dealt with in the courtroom. Clerks and people swearing people in only basically do so officially so that the person who is "swearing" knows they do so with the penalty of future prosecution (unlikely) of swearing a false affidavit. In family court this is rarely enforced, but rather (like in my situation) retained in court records which will bite them in the ass indefinitely as it goes to their credibility (or lack of).

If you are served with Notice of Motion, get representation from Legal Aid.

rockscan 11-18-2018 09:59 AM

My partners ex swore affidavits with false info and had someone else swear one admitting to lying and then lying in the affidavit. The judge blasted her for it in court and ignored everything she said falsely.

RRSP contribution is not necessary info. If they are lying about income then request bank statements.

jchiles 11-20-2018 12:35 AM

Thanks, arabian.

In what form did the courts label your ex as “not coming to court with clean hands”? Was it the court transcript?

We are headed for a trial. It was supposed to be November, but the “special party” procedure is taking time. Counsel for the Public Guardian and Trustee (PGT) will either obtain legal aid or do the work herself.

I believe that my Ex is partly motivated by a desire for revenge (because I left). Her family is footing the bill, and she may even be enjoying putting that burden on them. So she may not be too worried about a poor credibility label. I think she’s just loving this ride. And, in fact, she might be disappointed if there isn’t a support order, because she’d love to have me on a string. But, I can’t just walk away, because ODSP requires that I make an effort to chase spousal.

jchiles 11-20-2018 12:38 AM

Thanks, rockscan.

Sorry, I’m not clear on who was blasted.

The RRSP, if it exists, may be a large sum, provided by my Ex’s family. It may be contributed, but not deducted.

jchiles 11-20-2018 12:53 AM

By the way, if anyone is interested in software that may be able to help check for tampering, you might want to check out ImageJ (or FIJI) and the plugin InspectJ. They are both free. There is minimal documentation that I could find, and it’s not clear exactly what types of tampering they can catch. I have some experience with it, and if anyone wants some non-professional help, send me a message.

rockscan 11-20-2018 07:09 AM

Quote:

Originally Posted by jchiles (Post 232134)
Thanks, rockscan.



Sorry, I’m not clear on who was blasted.



The RRSP, if it exists, may be a large sum, provided by my Ex’s family. It may be contributed, but not deducted.



His ex who lied was blasted.

Unless you are going through equalization, her RRSP means nothing. If you are going through equalization, the only amount you need to know is the amount accumulated during marriage. If her family is giving it to her, even more “none of your business”.


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