LV any case law?

[McBroke]

LV,

Working on my motion to vary final Order. Any case law I may cite that you are aware of re: fraud for variance of a final order?

Thanks,
MCbroke

[logicalvelocity]

Mcb,

good topic to research.

In W.K. v. T.S., 2005 ONCJ 244, http://www.canlii.org/on/cas/oncj/2005/2005oncj244.html The court set aside the foreign support order on the following grounds:

• The child’s birth certificate states the father to be someone other than T.S..
  
• The registration of the order herein is set aside because it was obtained by error.
  
• There are also grounds that suggest that the order may have been obtained by fraud.

Danylkiw v. Danylkiw, 2003 CanLII 2188 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc12763.html



In Neger v. Erez, 2005 CanLII 30858 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc14471.html the court referred to International Corona v. Lac Minerals which that court expressed the view as follows:

"It must be shown by the party asserting that a judgment was procured by fraud that there has been a new discovery of something material, in the sense that fresh facts have been found which, by themselves or in combination with previously known facts, would provide a reason for setting aside the judgment”.

In the result, the court adjourned the motion to a date to be determined by the Registrar.

In dealing with the issue of awarded costs and orders made on fraud Gallagher v. Pettinger, 2003 CanLII 3555 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc10471.html

Aristocrat v. Aristocrat, 2004 CanLII 32256 (ON C.A.), http://www.canlii.org/on/cas/onca/20...onca11386.html


Fraud and Costs award - Statham v. Statham, 2003 CanLII 2278 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc12867.html

Fraud and Costs award - Interesting case Ms. Coady was a previous lawyer.
Coady v. Boyle, 2004 CanLII 15122 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc10641.html



lv

[McBroke]

Thanks again LV

Thank you so much LV,

I appreciate this, lots to think about, nothing to worry about.

All the best,
Mcbroke