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Search: Posts Made By: Stillbreathing
Forum: Domestic Violence Today, 09:50 AM
Replies: 34
Views: 721
Posted By Stillbreathing
I think allowing the mother to bring a tort claim...

I think allowing the mother to bring a tort claim under the umbrella of family litigation and making this monumental ruling, the judge is sending a strong message that:
1. Domestic Violence is real...
Forum: Domestic Violence Yesterday, 01:39 PM
Replies: 34
Views: 721
Posted By Stillbreathing
One of the things I think is outstanding about...

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...
Forum: Domestic Violence 05-23-2022, 10:26 PM
Replies: 7
Views: 250
Posted By Stillbreathing
Islandmom one more thing I would add is to trust...

Islandmom one more thing I would add is to trust your instincts. You know your ex better than your lawyer ever will. Your 24 hour rule sounds like a wise thing to do.
Forum: Domestic Violence 05-23-2022, 10:19 PM
Replies: 34
Views: 721
Posted By Stillbreathing
Thanks Rockscan. Great find. It’s so heartening...

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...
Forum: Domestic Violence 05-21-2022, 05:49 PM
Replies: 11
Views: 211
Posted By Stillbreathing
Another landmark DV case

There is an article in the Globe and Mail today that reads:

Supreme Court says one incident of family violence may justify child’s relocation in divorce cases.

It involved a BC mother who had...
Forum: Domestic Violence 05-21-2022, 05:41 PM
Replies: 34
Views: 721
Posted By Stillbreathing
This case should be stickied in this section

This case should be stickied in this section
Forum: Domestic Violence 05-18-2022, 04:35 PM
Replies: 34
Views: 721
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: 34
Views: 721
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: 453
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: 1,527
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: 121
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: 303
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: 925
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: 925
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: 24
Views: 761
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: 220
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: 211
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: 211
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: 211
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: 633
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: 1,054
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: 273
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: 350
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: 206
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: 312
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...
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