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Search: Posts Made By: Stillbreathing
Forum: Domestic Violence Yesterday, 04:35 PM
Replies: 4
Views: 84
Posted By Stillbreathing
There was a newspaper article last week that...

There was a newspaper article last week that explained the significance of this case in more detail. The mother basically brought a civil suit against the father for damages incurred from his abuse...
Forum: Domestic Violence 05-17-2022, 11:54 PM
Replies: 4
Views: 84
Posted By Stillbreathing
Precedent setting DV case

Came across a fascinating case in Brampton Ontario that was in the news.

Ahluwalia vs Ahluwalia 2022/02/28
Court file: FS-16-87188

Paragraph 112:
The judge wrote
“The mother is entitled...
Forum: Divorce & Family Law 05-15-2022, 11:59 PM
Replies: 24
Views: 391
Posted By Stillbreathing
Can’t you simply remove them?

Can’t you simply remove them?
Forum: Parenting Issues 04-29-2022, 10:02 PM
Replies: 80
Views: 1,477
Posted By Stillbreathing
CAS are a waste of space. I had CAS involved with...

CAS are a waste of space. I had CAS involved with my children. They even wrote a letter to the court that my ex’s access should remain supervised or the children would be at risk. However, they...
Forum: Divorce & Family Law 04-25-2022, 08:35 AM
Replies: 2
Views: 117
Posted By Stillbreathing
You can purchase portions of the transcripts such...

You can purchase portions of the transcripts such as days one and four of the trial or only the transcripts of the testimony of specific witnesses. My lawyer has requested select portions of my...
Forum: Divorce & Family Law 04-12-2022, 07:54 PM
Replies: 16
Views: 297
Posted By Stillbreathing
You can also withdraw an offer to settle you made...

You can also withdraw an offer to settle you made at any time if the other party has not yet accepted it or any part of it if it is severable.
Forum: General Chat 04-08-2022, 10:55 PM
Replies: 12
Views: 897
Posted By Stillbreathing
I totally agree Rockscan. Costs should be awarded...

I totally agree Rockscan. Costs should be awarded every step of the way and like
the “Jordan principle” in criminal law, family law matters should proceed to trial within a relatively short time...
Forum: General Chat 04-08-2022, 09:01 PM
Replies: 12
Views: 897
Posted By Stillbreathing
The financial post article states that after a 5...

The financial post article states that after a 5 year legal battle once the matter finally got to trial and the father had spent nearly $1million dollars in litigation fees that Justice McGee had the...
Forum: Divorce & Family Law 04-07-2022, 11:05 AM
Replies: 21
Views: 566
Posted By Stillbreathing
Hide on Bush, I hate to break it to you but even...

Hide on Bush, I hate to break it to you but even if you somehow got a summary judgment that does not mean in any way shape or form that your going to court days are over. You are niave if you think...
Forum: Divorce & Family Law 04-05-2022, 08:13 PM
Replies: 6
Views: 218
Posted By Stillbreathing
My STBX did this in order to “teach the court a...

My STBX did this in order to “teach the court a lesson”. He had supervised access and as the judge put it in writing “ Mr. X felt that if he could not have unsupervised access, he would have none....
Forum: Financial Issues 03-30-2022, 10:51 AM
Replies: 5
Views: 207
Posted By Stillbreathing
After arbitration, either party can appeal the...

After arbitration, either party can appeal the decision if they are not happy. Before arbitration begins you have to agree on which of three grounds you may appeal;
On facts, on law or a...
Forum: Financial Issues 03-29-2022, 03:49 PM
Replies: 5
Views: 207
Posted By Stillbreathing
Yes but it’s sort of pointless since it does not...

Yes but it’s sort of pointless since it does not protect your right to costs if it is not accepted as it wasn’t made 7 days prior to the commencement of the trial/arbitration. The whole idea is to...
Forum: Financial Issues 03-29-2022, 02:29 PM
Replies: 5
Views: 207
Posted By Stillbreathing
Offer to settle

We have concluded our arbitration at the end of 2021 and are awaiting the arbitrator’s decision. Last week I received a new offer to settle from my ex which I find perplexing. According to the...
Forum: Financial Issues 03-24-2022, 12:58 PM
Replies: 19
Views: 617
Posted By Stillbreathing
You need to flip the script on your perception....

You need to flip the script on your perception. Yes he may have abused you during the marriage but you are in the process of correcting that. Think of your ex as a malignant tumour that you had...
Forum: Divorce & Family Law 03-20-2022, 11:50 PM
Replies: 14
Views: 1,047
Posted By Stillbreathing
Your child has expressed suicidal ideation with a...

Your child has expressed suicidal ideation with a realistic plan that could result in death. It doesn’t matter the reason. Get your son to your nearest emergency department immediately and ask to...
Forum: Financial Issues 03-18-2022, 12:29 PM
Replies: 5
Views: 267
Posted By Stillbreathing
Actually Rockscan is incorrect on this one. I...

Actually Rockscan is incorrect on this one. I just finished having a lengthy discussion with my lawyer about this very topic. If the child is graduating high school and not planning to enrol in post...
Forum: Divorce & Family Law 03-17-2022, 11:42 AM
Replies: 8
Views: 345
Posted By Stillbreathing
They can bring a regular motion after the matter...

They can bring a regular motion after the matter has been discussed in case conference without resolution but what you describe does not qualify for an emergency motion. Also in the case of an actual...
Forum: Divorce & Family Law 03-10-2022, 10:52 PM
Replies: 4
Views: 205
Posted By Stillbreathing
You ask the judge for an adjournment. You will...

You ask the judge for an adjournment. You will likely get it too unless it’s an urgent matter that has already been adjourned several times.Lawyers ask for adjournments all the time
Forum: General Chat 03-10-2022, 04:01 PM
Replies: 5
Views: 302
Posted By Stillbreathing
I concur with both Rockscan and Brampton33. In...

I concur with both Rockscan and Brampton33. In addition you have to realize that
1) you will never get all of your costs back even if you have behaved like a Saint and your ex’s behaviour has been...
Forum: Parenting Issues 03-09-2022, 09:36 AM
Replies: 6
Views: 432
Posted By Stillbreathing
Agree with Blinkandimgone. In addition, if you...

Agree with Blinkandimgone. In addition, if you ever get to trial and start blabbing off at the mouth about this, the judge will shut you down so fast, your head will be spinning. Why? Because you...
Forum: Divorce & Family Law 03-05-2022, 01:58 PM
Replies: 7
Views: 311
Posted By Stillbreathing
Is there something you would like in exchange?...

Is there something you would like in exchange? This is a perfect time to negotiate for something that you would like. Or ask them to pay your gas or next oil change. That’s not unreasonable. You...
Forum: Divorce & Family Law 03-04-2022, 09:43 AM
Replies: 7
Views: 319
Posted By Stillbreathing
Helenj I highly advise against posting on a...

Helenj I highly advise against posting on a public forum and asking for advice during your trial. This could backfire on you. Your lawyer or opposing counsel or even your ex could read what you have...
Forum: Divorce & Family Law 02-10-2022, 01:22 PM
Replies: 12
Views: 557
Posted By Stillbreathing
You need to put this in perspective. I have been...

You need to put this in perspective. I have been embroiled in high conflict litigation for 10+ years now. During the first 8 years there were numerous motions filed and costs requested by both sides....
Forum: Financial Issues 02-08-2022, 11:11 AM
Replies: 35
Views: 1,400
Posted By Stillbreathing
Yes you do have to provide your banking and...

Yes you do have to provide your banking and credit card statements and if your matter drags on you may be asked to provide more statements. My matter dragged on for 10 years and I had to provide 10...
Forum: Divorce & Family Law 01-27-2022, 04:46 PM
Replies: 15
Views: 887
Posted By Stillbreathing
Well you do seem to me more reasonable and...

Well you do seem to me more reasonable and willing to consider constructive criticism than in your other threads. You are smart not to want to drag out the litigation and settle instead. However, all...
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