Originally posted by Asphenaz
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Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
Docket: F2172/09
Other citations: 7 RFL (7th) 358; [2011] CarswellOnt 14392; [2011] OJ No 5814 (QL); 210 ACWS (3d) 143
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII),
http://canlii.ca/t/fpd0d
I will try and give you some additional perspective on the challenge you face when the opposing party has "wings" and "do whatever they want in court, without ever worrying about fees - theirs or anyone else's".
Read the whole case end-to-end...
60. In the case at bar, the Applicant conducted herself as if her Legal Aid certificate amounted to a blank cheque – unlimited resources which most unrepresented Respondents would be hard-pressed to match. A scheduled 3-4 day trial turned into 17 days, largely because the Applicant fought every issue and pursued every dubious allegation, to the bitter end. She appeared to make up evidence and allegations as she went along. She defied court orders directly impacting on the child, even while the trial was underway. There have to be consequences. Either we sanction this irresponsible and destructive behaviour, or we invite more of the same.
61. Encouraging settlement and discouraging inappropriate behaviour by litigants is important in all litigation – but particularly in family law, and most particularly in custody cases. No litigant should perceive they have “wings” – the ability to say or do anything they want in court, without consequences.
61. Encouraging settlement and discouraging inappropriate behaviour by litigants is important in all litigation – but particularly in family law, and most particularly in custody cases. No litigant should perceive they have “wings” – the ability to say or do anything they want in court, without consequences.
Good Luck!
Tayken
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