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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21  
Old 02-06-2018, 02:41 PM
standing on the sidelines standing on the sidelines is offline
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Originally Posted by mafia007 View Post
I did addressed it in my trial but it was denied. Occupation rent must have an expert report produced at least 90 days before trial. Appeal the decision for what? 10k$? The joint account with her father is bullshit. She’s over 40 years old and still share an account with daddy? Appeal for 5k$ now? I prove to the Court that I lost access to my house under false allegations and I clearly prove that her father never deposited any money or did personal transactions in the account but everything was denied. Family Court is driven by lies and I couldn’t lie. To win, I would have had to say « I wasn’t aware it was a joint account with her father your Honour! » But that isn’t me. You see, I didn’t get all what I wanted. But I got the most important issue with the equity vs my pension. And I don’t cross-appeal the other issues I lost because that is the way it is statistically with men and the money you spend to fight vs the achievement is not worth it. Justice always take decision in a split way; I got my share of the equity, so the rest is dismissed.
I am joint on all my mothers accounts and investments. I dont have anything to do with the accounts, its just for estate purposes when she passes but my name is right there with hers.
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  #22  
Old 02-06-2018, 04:17 PM
rockscan rockscan is offline
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Family law is filled with cases where things like what happened with you occurred. My partner has an equally horrendous story that I have heard various angry versions of from his friends and family. I was also subjected to his kids saying their mothers’ bs to me. Is he angry? Yes! Does it upset him knowing his kids wont speak to him as a result? You bet. Does he lose sleep over it? Absolutely. What he has learned through talks with his two lawyers, his family and friends, me and a therapist is that letting that anger take up space in your mind only hurts you. Going after her for what? Ten thousand dollars isnt worth it when you factor in the impact it will continue to have on your personal health and the health of your future with your kids.

My parents attacked each other passive aggressively a few years ago in their speeches at a wedding. It was so immature and ridiculous and we were very embarrassed. As we said to both of them after—grow up and get over yourselves. Take your win and move on with your life. All you are doing is feeding her fire.
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  #23  
Old 02-06-2018, 10:27 PM
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mafia007 mafia007 is offline
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Originally Posted by mcdreamy View Post
Re: false allegations - wasn't it an arm's length third party who reported your threats initially?

In any event, you give your ex too much space in your head.


False allegations of DV by the ex = on and prior to April 10th 2015


Incident of threats at work place = May 4th 2015


Ex second attempt of DV allegations = the night of May 4th 2015

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  #24  
Old 02-06-2018, 10:50 PM
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mafia007 mafia007 is offline
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Take your win and move on with your life. All you are doing is feeding her fire.


I wish I could do just that like 3 years ago but it ain't over yet. She is taking our case to Appeal. What if she is the one feeding my fire!


I recall that I made over 12 offers between april 2015 to September 2017. She only made 2 offers a week before trial. And my 5-6 last offers were even better than what she obtain from the Court.


I know you all think I am exaggerating and I should just let go. This is what I've been trying to do for the past 3 years so that the litigation would have limited impact on the children. But she directly involved the children in it and now that the wheel is going fast forward, I am ready to spin that wheel back to her. Enough of rolling on my back. Taking the money I earned and worked for is plenty enough, taking over half my assets I've been working for is enough. Harming the relation I have with my children is an absolute "no no" and there is no excuses for that.
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  #25  
Old 02-07-2018, 10:56 AM
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Tayken Tayken is offline
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Originally Posted by standing on the sidelines View Post
I am joint on all my mothers accounts and investments. I dont have anything to do with the accounts, its just for estate purposes when she passes but my name is right there with hers.
Its how you bypass probate. Happens with houses too. Very common.
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  #26  
Old 02-07-2018, 11:27 AM
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Originally Posted by mafia007 View Post
I did addressed it in my trial but it was denied.
What makes you think that taking a second run at it as a defamation lawsuit is going to be any better? Generally, the weighting of evidence in Family Law is looser than in a defamation lawsuit. This just tells me that you are going to have even LESS success arguing your case. On top of that, you have to learn civil procedures and whole new sets of legal standards.

You don't clean up vomit by throwing shit on it.
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  #27  
Old 02-07-2018, 02:01 PM
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What makes you think that taking a second run at it as a defamation lawsuit is going to be any better? Generally, the weighting of evidence in Family Law is looser than in a defamation lawsuit. This just tells me that you are going to have even LESS success arguing your case. On top of that, you have to learn civil procedures and whole new sets of legal standards.

You don't clean up vomit by throwing shit on it.
Tayken, trial was only for the equalization payment and the fact that she made false allegations to kick me out of the house had nothing to do with my entitlement to the house equity. None of those evidences, and all the one related to the children were not admitted in Court as they had no utility. (she accepted my last offer on custody and access to avoid the trial on this matter so the exhibit book was of no use)

Now, it's a different case as it was never debated in front of the court. The rules states that matters that were addressed in Family Court cannot be brought a second time in any other court (except for appeal). Those issues are completely different, they have never been raised to the court and are therefore to be considered as new items to be dealt with in court. It doesn't matter if she accepted the offer out of Court, the debate on her malicious behavior is still wide open.
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  #28  
Old 02-07-2018, 08:26 PM
involveddad75 involveddad75 is offline
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Sorry people I only read the first 2 pages before jumping in to reply.
There is some misinformation as I understand it. I'm not a lawyer, but have sued someone for defamation.

First Deformation is broken into two sections.
Slander and Libel, the difference is written and spoken.

There is a test one has to meet.
Deformation is different than most torts, if you meet the test damages are assumed by the courts, one does not need to prove the loss.

The definitive case on deformation is Hill vs. Church of Scientology.
https://scc-csc.lexum.com/scc-csc/sc.../1285/index.do

Some important quotes
See also Derrickson v. Tomat (1992), 88 D.L.R. (4th) 401 (B.C.C.A.), at p. 408.
(ii) The Reputation of the Individual

107 The other value to be balanced in a defamation action is the protection of the reputation of the individual. Although much has very properly been said and written about the importance of freedom of expression, little has been written of the importance of reputation. Yet, to most people, their good reputation is to be cherished above all. A good reputation is closely related to the innate worthiness and dignity of the individual. It is an attribute that must, just as much as freedom of expression, be protected by society's laws. In order to undertake the balancing required by this case, something must be said about the value of reputation.

108 Democracy has always recognized and cherished the fundamental importance of an individual. That importance must, in turn, be based upon the good repute of a person. It is that good repute which enhances an individual's sense of worth and value. False allegations can so very quickly and completely destroy a good reputation. A reputation tarnished by libel can seldom regain its former lustre. A democratic society, therefore, has an interest in ensuring that its members can enjoy and protect their good reputation so long as it is merited.

109 From the earliest times, society has recognized the potential for tragic damage that can be occasioned by a false statement made about a person. This is evident in the Bible, the Mosaic Code and the Talmud. As the author Carter‑Ruck, in Carter‑Ruck on Libel and Slander (4th ed. 1992), explains at p. 17:
Damages
(2) General Damages



164 It has long been held that general damages in defamation cases are presumed from the very publication of the false statement and are awarded at large. See Ley v. Hamilton (1935), 153 L.T. 384 (H.L.), at p. 386. They are, as stated, peculiarly within the province of the jury. These are sound principles that should be followed.


165 The consequences which flow from the publication of an injurious false statement are invidious. The television report of the news conference on the steps of Osgoode Hall must have had a lasting and significant effect on all who saw it. They witnessed a prominent lawyer accusing another lawyer of criminal contempt in a setting synonymous with legal affairs and the courts of the province. It will be extremely difficult to correct the impression left with viewers that Casey Hill must have been guilty of unethical and illegal conduct.


Anytime one is thinking of suing for deformation should review this case.
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  #29  
Old 02-07-2018, 09:18 PM
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DEFAMATION people - not deformation
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  #30  
Old 02-08-2018, 12:45 PM
Berner_Faith Berner_Faith is online now
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DEFAMATION people - not deformation


Hahaha that is all


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