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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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  #1  
Old 05-25-2018, 08:41 PM
RunningDad RunningDad is offline
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Default Proof of Collusion OCL and my Ex's Lawyer

Hello all,

Quick facts. I'm the dad. I represented myself. I won. I have full custody.

I'm not writing about horrible judges, quite the contrary, the only reasonable soul was the judge. It was really about my son's lawyer (OCL) and my ex's lawyer (legal aide). I knew they had more than a professional relationship caused by being in a small community. I figured it would have been hard to avoid. The fact of the matter is that they were so comfortable around each other that they became sloppy. I have emails where they are talking and then somehow forget and then emailed me...including their earlier "private" conversations about me...none flattering. The biggest piece of evidence is the form 14C that my ex wife's lawyer, or my son's lawyer, submitted to the record. It had my ex wife's lawyers name on it as in "My name is..." and she filled in her name (my ex wife's lawyer's name). They then filled in my ex-wife name for "and I am the lawyer for...". The part that sounds crazy but is true, is the fact that my son's lawyer signed it. The judge called it a forgery. The judge ruled in my favour.

Has anyone else had an experience of witnessing collusion between the OCL and they other side's lawyer...or your if you want to be honest?
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Old 05-30-2018, 10:43 AM
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Tayken Tayken is offline
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Search "Legal Aid Gives you Wings" on http://www.canlii.org

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
File number: 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

Check out how that costs award was done.
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Old 05-30-2018, 11:02 AM
RunningDad RunningDad is offline
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Quote:
Originally Posted by Tayken View Post
Search "Legal Aid Gives you Wings" on http://www.canlii.org

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
File number: 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

Check out how that costs award was done.
Thank you very much Tayken. Very cool read. I haven't even got 1/4 of the way through but it appears to me that the "case" is a great case study for any father (or mother) who may have a less than stellar co-parent. If we all go into parenting with the child in mind as the priority of concern and care then we should be able to see clearly through much of the smoke and mirrors that typical family law lawyers vent. I love the fact that he demonstrated, right up front, desire for a healthy resolution that was fair to all.
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Old 05-30-2018, 12:18 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
The biggest piece of evidence is the form 14C that my ex wife's lawyer, or my son's lawyer, submitted to the record. It had my ex wife's lawyers name on it as in "My name is..." and she filled in her name (my ex wife's lawyer's name). They then filled in my ex-wife name for "and I am the lawyer for...". The part that sounds crazy but is true
This is sloppiness, not anything nefarious. DivorceMate auto populates forms; on the confirmation form, the lawyer checks the nature of the appearance and the date of the appearance however the rest is automatic. Because the OCL are not on the style of cause it will default to the Applicant.

Quote:
The fact of the matter is that they were so comfortable around each other that they became sloppy. I have emails where they are talking and then somehow forget and then emailed me...including their earlier "private" conversations about me...none flattering.
That is very concerning and may undermine the OCL report due to bias.
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collusion, forgery, fraud, ocl


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