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-   -   Precedent setting DV case (https://www.ottawadivorce.com/forum/showthread.php?t=23994)

Tayken 05-22-2022 05:42 PM

There have been other torts inside of Family Law cases. For those asking about the opposite a member of this forum brought a tort for libel/slander and won an award for false allegations to CAS. False allegations to CAS was the grounds. That case was groundbreaking as that parent had to get special orders for record releases from CAS. The "friend" who called in the false allegation and the other parent had to pay big bucks for their conduct.

rockscan 05-23-2022 06:36 PM

Heres another one: https://www.canlii.org/en/ca/scc/doc...2022scc22.html.

There is a lot to unpack in this case but the main point is the judge felt it was in the childrens best interest to move with their mother away from their habitual residence as it was uninhabitable and the father was abusive.

It sounds like the court held the trial judges decision but the father appealed on the grounds he had money to fix the residence from his parents. The SC decision outlined that this information should have been provided in the original trial and not on appeal and the appeals court was wrong in over turning the original decision.

pinkHouses 05-23-2022 09:27 PM

Quote:

Originally Posted by Tayken (Post 250634)
There have been other torts inside of Family Law cases. For those asking about the opposite a member of this forum brought a tort for libel/slander and won an award for false allegations to CAS. False allegations to CAS was the grounds. That case was groundbreaking as that parent had to get special orders for record releases from CAS. The "friend" who called in the false allegation and the other parent had to pay big bucks for their conduct.

Good for them. A rare case and I am not that smart.
My lawyer said "There is nothing I can do about that" but it wasn't as bad as what I remember that members case was like. I got out of it because their wasn't a shred of evidence but it was horrible.
In my dreams I have enough money for a team a lawyers to hold those that were untruthful accountable.
I was very disheartened when someone in the system told me that Family court perjury really isn't perjury and from what I am seen it is true.

Stillbreathing 05-23-2022 10:19 PM

Thanks Rockscan. Great find. It’s so heartening that this case and the one I originally posted about have come to light. It really does show that judges are finally becoming educated about the consequences of verified domestic violence during divorce proceedings. I have been searching for this type of case since my litigation started 10 years ago. It gives survivors of domestic violence at least some hope that all is not lost when they enter family court. These rulings are long overdue.

rockscan 05-24-2022 06:51 AM

Quote:

Originally Posted by Stillbreathing (Post 250644)
Thanks Rockscan. Great find. Its so heartening that this case and the one I originally posted about have come to light. It really does show that judges are finally becoming educated about the consequences of verified domestic violence during divorce proceedings. I have been searching for this type of case since my litigation started 10 years ago. It gives survivors of domestic violence at least some hope that all is not lost when they enter family court. These rulings are long overdue.


I saw the recap in the Globe and Mail then looked for the case. The article noted it was the first to use the new divorce act changes. Plus it considered best interests of the children over maximum contact. There was some other garbage the ex husband had done too so he had no one to blame.

pinkHouses 05-24-2022 10:18 AM

Quote:

Originally Posted by Stillbreathing (Post 250644)
Thanks Rockscan. Great find. It’s so heartening that this case and the one I originally posted about have come to light. It really does show that judges are finally becoming educated about the consequences of verified domestic violence during divorce proceedings. I have been searching for this type of case since my litigation started 10 years ago. It gives survivors of domestic violence at least some hope that all is not lost when they enter family court. These rulings are long overdue.

finally?
This forum is awash with people saying judges removed access (overrode maximum contact) due to domestic violence. It is a go to accusation because it has a long history of working.

This case doesn't sound that unusual, the person ruled against was a piece of work. I fail to see the "halleluiah finally" unless we are talking about the cash payout and I dont know that that is unique.

Stillbreathing 05-24-2022 01:39 PM

One of the things I think is outstanding about this case is that not only is this a landmark ruling which will no doubt be used as reference case law in upcoming litigation but it was a self-rep litigant who accomplished this amazing feat! Absolutely inspirational!

Islandmom 05-24-2022 04:13 PM

This is a domestic violence thread not an abuse of court process thread.

You have no idea about what people on here have suffered. “very surprising if any of it could be used by anyone here” - you have no idea what you’re talking about. Just because we don’t want to share details here doesn’t mean we haven’t suffered horrendous crimes as victims.

Abuse is not abuse. Being raped and beaten is far worse than having to deal with a crazy ex who is falsely accusing you of stuff.

iona6656 05-24-2022 04:58 PM

Pretty much. The financial damage caused by my abuse is substantial. I'm not even talking about the emotional toll and the years of therapy I've gone through to deal with the PTS, and not let it affect my job so I can continue to work in a high-stress/high-demand field. What I shared on this forum is a fraction of what was done.

I was going to come in here to provide my opinion. (is the nice way of saying it).

But now I'm just going to co-sign the OP on this.

Shut up about the false accusations. That is not what this thread is about. It's about the fact that there is a ground breaking case which allows the family court process to award damages in a novel way through tort law; that within the marriage- a grievous wrong was committed by one party against another which resulted in damages; and almost more importantly- there is a huge ruling on the punitive damages that can be ordered. I do think this ruling will be challenged and scoped.

That is not to say that the false accusations don't produce their own trauma. I get it- they do. But what is being discussed here is intimate partner violence in the context of a marriage.

iona6656 05-24-2022 05:05 PM

Quote:

Originally Posted by pinkHouses (Post 250648)
This case doesn't sound that unusual, the person ruled against was a piece of work. I fail to see the "halleluiah finally" unless we are talking about the cash payout and I dont know that that is unique.

It is very unique in the context of family law. To get this type of award- especially the punitive award- you would have to go through a civil case. And seeing as it is most often women who are the victims, with little or no ability to fund both their family case AND their civil case against their former partners- having the ability for family judges to award damages is MAJOR.

Intimate partner violence- which happens in every context, e.g. committed against the husband in a cisgender marriage; same sex unions, etc- all of them are important and as a society we need to start doing more to recognize this issue and the impact on family court proceedings.


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