This is an interesting one...
Craig v. Torrance, 2018 ONSC 541 (CanLII)
Date: 2018-02-12
File number: FS-17-00021337
Citation: Craig v. Torrance, 2018 ONSC 541 (CanLII), http://canlii.ca/t/hqfsw
Why? -- Massive motion decision but, really well done!
Woop woop! More judges need to pull the plug on high-conflict situations like this more often. Great stuff!
How did the father in this matter succeed so well?
Polite email. Really polite email.
(There is lots of great stuff in this one and it should be read in full... I am just picking out the email stuff cause it was incredibly well done.)
I couldn't have ghost written this stuff better for the father...
Excellent stuff!
...
Craig v. Torrance, 2018 ONSC 541 (CanLII)
Date: 2018-02-12
File number: FS-17-00021337
Citation: Craig v. Torrance, 2018 ONSC 541 (CanLII), http://canlii.ca/t/hqfsw
Why? -- Massive motion decision but, really well done!
[6] The material filed on both motions is voluminous; over three volumes of the Continuing Record. At the hearing both counsel agreed that it was too much to be dealt with on a one hour motion, which was all the time that was booked. Ms. Nicholl, counsel for the mother, was content that I adjourn the motion for a trial of an issue but Ms. Piafsky, counsel for the father, urged me to deal with it. Having read a considerable amount of the material filed, I knew that the mother earns more than the father (the father earned $85,000 in 2016 whereas the mother's income was just over $111,000). I was concerned that legal fees not stand in the way of resolution of these important issues. I advised counsel that I would allow two hours for argument of the motions and would decide the issue of access over Christmas/New Year’s immediately and reserve the balance of the motion. I advised counsel that I reserved my right to adjourn the balance of the motions to a trial of the issues pursuant to Family Law Rule 15(13).
[7] On this basis argument proceeded. I was able to make an order to deal with access over Christmas/New Year’s, on consent. I reserved the balance of the motions. Fortunately, notwithstanding the totally opposite views of the parents as to the facts, I have been able to decide these motions and in my view, for the reasons that follow, a trial of these issues would not change the outcome I have arrived at. I hope that the parties will agree and resolve any remaining financial issues and get on with their lives and the lives of their children.
[7] On this basis argument proceeded. I was able to make an order to deal with access over Christmas/New Year’s, on consent. I reserved the balance of the motions. Fortunately, notwithstanding the totally opposite views of the parents as to the facts, I have been able to decide these motions and in my view, for the reasons that follow, a trial of these issues would not change the outcome I have arrived at. I hope that the parties will agree and resolve any remaining financial issues and get on with their lives and the lives of their children.
How did the father in this matter succeed so well?
Polite email. Really polite email.
[12] Fortunately, additional evidence was filed that gives me the ability and confidence to make findings of fact. What I was impressed by, and I expect any trial judge would be, was the email communications between the parents which cover some of their communications since separation until late 2017 and the views of the neutral third parties who were prepared to swear affidavits. That evidence, in my view, is deserving of the greatest weight and, for the most part, it is what I have based my decisions on. For these reasons, in my view, a trial on these issues is not necessary and would be a colossal waste of the financial resources the parents have, which could be better spent on their children.
I couldn't have ghost written this stuff better for the father...
[34] In an email on July 26, 2016 the father wrote: “I’d like to sit down and have coffee with you. We don’t have to talk about any of this stuff. Just catch up and start to treat each other with [the] respect we each deserve. I mean this sincerely, but only works if you are willing to participate.” He sent a second email stating it might be a good time to talk about where the kids were going to school the next year and that he couldn’t afford Sloane going to private school. In a subsequent email the same day the father wrote that Maddoc had told him that the mother had begun the enrollment process for him at a local school into a French Immersion program. The father stated that he tried to engage the mother in this conversation for some time “but you have refused. Why aren’t you talking to me about it?”
[39] In this email the father demanded that he be consulted on all major decisions regarding the children. He again suggested that they seek professional help. He ended the email with “we will need to interact for the rest of our lives. I want to have positive relations with you and am confident we can move past this stage and work productively together as amazing parents for our children, but I can’t do it myself.”
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