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  #1  
Old 03-16-2019, 03:37 AM
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Tayken Tayken is offline
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Default Truisms Exposed: Justice Pazaratz in Plain English

Bishop v. Gabriel, 2019 ONSC 1004 (CanLII)
Date: 2019-02-08
File number: 3817/14
Citation: Bishop v. Gabriel, 2019 ONSC 1004 (CanLII), http://canlii.ca/t/hxgnn

The matter is the result of a very complex file where the Respondent parent in the matter is consistently and transparently trying to create a false status quo. It really is probably one of the best cases I have read in a while.

I highly recommend everyone read it... Consider Justice Pazaratz wise words and not do anything the Respondent parent in this matter is doing. It caught up to them and resulted in one of the best postings to CanLII I have read in ages.

Quote:
1. The biggest challenge of Family Court motions days is that judges often have to make the toughest decisions on volatile and potentially dangerous parenting issues, based on untested and incomplete affidavit materials.

2. By the time matters get to trial, family dynamics have often stabilized; people have calmed down; patterns and routines have come to be established; and there is plenty of time to call (and scrutinize) as much evidence as may be required, at an oral hearing, to ensure that every possible fact and legal argument is thoroughly considered. The luxury of time allows trial judges to proceed slowly and cautiously.

3. In contrast, reading quickly and strategically prepared affidavits rarely gives a motions judge a complete (or accurate) sense of what’s really been going on – and more importantly what children will experience in the immediate future in each of the competing scenarios being advanced in urgent motions.
His patience with this file has been exhausted.

Quote:
5. We go slowly whenever we can. We prefer to go slowly.

6. But today – as on most motions days – there will be files where each parent has filed lengthy affidavits effectively screaming: “SOMETHING TERRIBLE IS HAPPENING. YOU’VE GOT TO DO SOMETHING!”

7. Deciding can be extremely difficult.

8. But sometimes doing nothing is simply not a responsible option.

9. This is one of those cases.
Note to high conflict parents and those who are in a motion war. Pazaratz is warning you that what you are doing is common. Happens on most motion days. This is a warning to you.

Also, those false allegations are often transparent, repeated and that the conduct of a parent who makes false allegations often does not reflect how they conduct settlement. You can't go screaming into a courtroom throwing all sorts of false allegations and then settle on joint custody and generous access. Courts see through this conduct.

Quote:
24. So once again, after voicing all sorts of allegations which were not corroborated, the mother consented to a continuation of Joint Custody, generous access, and make-up time for past denied visits.
That paragraph is monumental when you break it down. The failure to corroborate allegations. Consenting to a Joint Custody, generous access and even make-up time for past denied visits. Not really good conduct. If your allegations are not false they can be corroborated and you wouldn't settle like this.

In previous orders which are outlined in detail Pazaratz already warned the Respondent parent about their conduct:

Quote:
Beyond that, I made it clear in my previous comments to the parties that this court clearly recognizes what has been going on here in terms of alienating and frustrating behaviour by the mother, and this conduct simply won’t be tolerated.
...

Quote:
Costs should actually be the least of the mother’s concerns. If she keeps up this needlessly resistant, contemptuous and provocative behaviour, she will be creating huge concerns about whether she can be entrusted to assume any level of time or responsibility with respect to these children. I’m warning her again: Stop playing games, or you may demolish your credibility as a parent.
He then in para. 41 starts to setup for the conclusion that most of you probably have already guessed...

Quote:
41. I do not for one moment presume that either of these parents is perfect. But these family issues have been litigated over and over again. There have been repeated findings that the Applicant is being reasonable; the Respondent is being unreasonable; the Applicant is making good faith efforts to problem solve; the Respondent is needlessly drawing the children into the litigation and exposing them to traumatizing situations (like having the police repeatedly involved, searching for them or asking who they want to be with).

Source: Bishop v. Gabriel, 2019 ONSC 1004 (CanLII), par. 41
Which concludes with:

Quote:
44. Quite simply, the mother has crossed the line. She has shown alarming indifference and lack of insight with respect to all that she has put the children through. She seems absolutely – tearfully – convinced that she is simply “protecting” the children.

45. At this point, her “protection” is starting to look frighteningly like the worst form of parental alienation. She is abusing her time with the children by exposing them to unnecessary conflict and situations, and conveying inappropriate and unsupportive messaging.

46. And given all of the upheaval in these children’s lives, I cannot allow this free-for-all to continue.

47. As stated at the outset, courts are loathe to tamper with the status quo, particularly on a temporary basis, unless there is some urgent situation that needs to be addressed immediately.

48. This is such an urgent situation. I have no doubt that the Respondent loves her children. But she doesn’t realize that she is hurting them. And I can’t allow that to continue.

49. Temporary temporary without prejudice order:

a. The children Sophia and Benjamin shall reside exclusively with the Applicant father.

b. The Applicant father shall be permitted to travel with the children to Costa Rica. (I am not going to specify dates because the Respondent has been delayed in obtaining the passports. She is still required to provide them. If the passports are delayed, the trip may have to be rescheduled by a short amount of time.)

c. The Respondent may only have access to the children in the discretion of the Applicant.

d. The mother is not to attend at the children’s school at any time when she may reasonably anticipate that the children will be present. She is not to provide the school with any instruction which would interfere with the Applicant’s authority to have the children in his care.

e. Neither party shall discuss this litigation with the children or make any negative statement about the other parent (or their respective family members) in the presence of the children.

f. The motion is adjourned to February 22, 2019 10:00 a.m. before me.

g. The parties are to immediately schedule counselling with Michelle Hayes. On the return date the parties are to provide an update as to that counselling.

50. I am not making a police enforcement order today. These children have had far too much exposure to police. However, if the mother refuses to respect this order in every respect, the matter is to be brought back to my attention immediately. In such an event I will consider all necessary options, including a police enforcement clause – and potentially including incarceration.

51. The mother needs to clearly understand: the court system recognizes what she is doing, and we will not tolerate it.

52. Costs reserved.
To those parents gaming the system. Your games are transparent. Judges see what you are doing. You are not clever. You are not smarter than the Judge. You will be caught and if you do it consistently you may be INCARCERATED for your conduct!

Good Luck!
Tayken
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  #2  
Old 03-16-2019, 10:43 AM
YoungDad23 YoungDad23 is offline
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Tayken,

THANK YOU, THANK YOU, THANK YOU for posting about this case and taking the time to edit it and break it down with added context.

It could not come at a better time for me as I stand on the brink of attempting mediation with an unreasonable co-parent that will likely end up with us needlessly back in court.

The dynamics are sickeningly familiar to me and my child's lives over the last six years.

Although I have to say this Respondent/Mother has gone much farther and to places I hope my child's mother isn't foolish enough to venture.

Most of all many thanks to Judge Pazaratz for his blunt and well spoken smack down of this high conflict parent and his recognition of the damage that has been done.

Last edited by YoungDad23; 03-16-2019 at 10:45 AM. Reason: spelling correction
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Old 03-16-2019, 10:46 AM
iona6656 iona6656 is offline
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100% agree with all of this.

I’ve been thinking a lot about how we - as a society- can start protecting women and children (and sometimes men too) better from violence during separation and in the months after. And the first thing is to cut down and eliminate (as much as possible) false allegations.

I went to at least 6 different family lawyers over the last 2 years. And almost all of them told me the same thing about DV- the courts are desensitized and it won’t matter what he was like to me. My current lawyer said that isn’t true and it all depends on how I present the evidence of the DV and what my ex does after separation (e.g. anger management etc).

This is the narrative told to most victims of DV- that it’s so hard to prove if there are no charges. And you it won’t matter till trial- IF you even have the money to get there.

There needs to be more protections in place as cases work through to trial- BUT it will only have real impact if the fake and false allegations are dealt with- swiftly and with a real force of law.

More of this. If you’re not ready to prove the allegations - or at least attest to them under oath, you don’t get to use the spectre of DV as a way to obtain status quo.



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  #4  
Old 03-16-2019, 11:06 AM
rockscan rockscan is offline
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I wish there had been a written decision for my man’s motion. The judge in his case sounded much like Pazaratz. He followed the same school of thought—this is bullshit and this is not the time or the place for your bullshit.

We need more judges like him!
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Old 03-16-2019, 01:10 PM
YoungDad23 YoungDad23 is offline
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I'm Totally Shocked!!!

After reading the whole text on CanLII, I did a little research on social media etc about the parties.

Turns out they are both well educated professionals but I'm completely stunned to find out that the Respondent/Mother is a Registered Psychotherapist in the Province of Ontario.

Not implying Applicant/Father is perfect but even after Justice Pazaratz brought her world crashing down on Feb 9th, she has publicly continued her campaign to paint herself and the children as victims of the Applicant on social media.

Given her professional background, shouldn't she have known better than play these damaging games and pull the stunts with Police and CAS she has during litigation??

Has her ego and education made her think she is smarter than the justice system as a whole?

I'm left speechless and confused that someone who claims to be a "Wounded Healer" could be so devious and insensitive to what she is putting her kids through.

From her webpage https://www.everwellhamilton.ca/ishtar-gabriel

My ultimate goal at everwell is to work exclusively with women who have experienced emotional and psychological abuse and help them rebuild their lives as mothers, partners, professionals and women. I hope to become an advocate and face for change in the legal system and among front line workers who understand the tremendous impact psychological and emotional abuse has on the victim and the long journey a woman must endure to get back on solid ground. I would also like to continue my work with addicts and their families, to help them gain a sense of normalcy and serenity, allowing them to heal through understanding and forgiveness
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Old 03-16-2019, 08:46 PM
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Quote:
Originally Posted by YoungDad23 View Post
I'm Totally Shocked!!!

After reading the whole text on CanLII, I did a little research on social media etc about the parties.

Turns out they are both well educated professionals but I'm completely stunned to find out that the Respondent/Mother is a Registered Psychotherapist in the Province of Ontario.

Not implying Applicant/Father is perfect but even after Justice Pazaratz brought her world crashing down on Feb 9th, she has publicly continued her campaign to paint herself and the children as victims of the Applicant on social media.

Given her professional background, shouldn't she have known better than play these damaging games and pull the stunts with Police and CAS she has during litigation??

Has her ego and education made her think she is smarter than the justice system as a whole?

I'm left speechless and confused that someone who claims to be a "Wounded Healer" could be so devious and insensitive to what she is putting her kids through.

From her webpage https://www.everwellhamilton.ca/ishtar-gabriel

My ultimate goal at everwell is to work exclusively with women who have experienced emotional and psychological abuse and help them rebuild their lives as mothers, partners, professionals and women. I hope to become an advocate and face for change in the legal system and among front line workers who understand the tremendous impact psychological and emotional abuse has on the victim and the long journey a woman must endure to get back on solid ground. I would also like to continue my work with addicts and their families, to help them gain a sense of normalcy and serenity, allowing them to heal through understanding and forgiveness
I will outline your discovery in another thread. I haven't raised the social media output from the Respondent parent yet. I have to admit it has blown up my platform with how good it is. It is by far the best data extension from case law that I have ever come across. I am having to retrain my neural network to handle it. It has taken almost 2 weeks just to capture all the social media and deep linking and I had to increase the storage capacity by almost a terabyte just to capture it all and the deep linking it is producing!!!

I have to admit that this case law has been in my hopper for a while and my AI engine has been desperately trying to pull down all the content from the Respondent parent. The spiderweb of content related to the Respondent parent is incredible. It truly is an exposes of the behaviour patterns of someone who makes false allegations.

The only thing that would be better is if the Respondent parent were to come here and demand to have this case law taken down and provided insight into their position in defence of the case law. That would probably cause the cloud provider I use to process it all to crash as a result.

I also have to admit that I only knew of LEAF beacuse of the Respondent parent's twitter feed and what was coming out of my tooling. (There was a questioned asked in response to another poster asking what LEAF was a few weeks ago.)

Last edited by Tayken; 03-16-2019 at 08:49 PM.
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Old 03-16-2019, 08:51 PM
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I haven't been able to locate the Respondent parent's registering clinical body either. So if anyone happens across it in their research please let me know.

For example, although claiming on that website given the Respondent parent is not registered as a certified member of OACCPP.

https://oaccpp.ca/our-members/certif...ers-directory/

And I can't find the Respondent parent listed in the other directory on that site either. Which suggests that they are making a false allegation to being registered with them on the page provided.

I kindly ask that no one disturb the social media of this person as the information is incredibly valuable and if it is removed I won't be able to run analysis or put a complete picture of the data on this person.

When I mean that the social profile for the Respondent parent is huge... It dives into being a "potty consultant":

https://www.todaysparent.com/toddler...ddler-a-diary/

https://www.mommyconnections.ca/mid-...er-came-to-be/

Psychology Today Profile:

https://www.psychologytoday.com/ca/t...ultsProfileBtn

Last edited by Tayken; 03-16-2019 at 09:00 PM.
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Old 03-16-2019, 09:33 PM
YoungDad23 YoungDad23 is offline
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Quote:
Originally Posted by Tayken View Post
I kindly ask that no one disturb the social media of this person as the information is incredibly valuable and if it is removed I won't be able to run analysis or put a complete picture of the data on this person.
/url]
No worries here Tayken, I'm further stunned at her bravado when I noticed that she is openly and actively seeking negative information about or bad experiences from others who have had contact with the Justice Pazaratz.

Her ego knows no bounds......
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Old 03-17-2019, 03:14 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by YoungDad23 View Post
No worries here Tayken, I'm further stunned at her bravado when I noticed that she is openly and actively seeking negative information about or bad experiences from others who have had contact with the Justice Pazaratz.

Her ego knows no bounds......
Can you post those links here? I want to make sure I have everything to scan. I have my forum scanner off. So if you have stuff on a message forum that can be clearly identified to the root source that would be very helpful. I can manually add them to the scan list. Nonstructured data is very valuable to my stuff. It is the closest stuff to "conscious thought" I can touch. I would love to see the tonality on that stuff.

For a data scientist, this is like a miner striking gold! A huge vein of gold!

Last edited by Tayken; 03-17-2019 at 03:16 AM.
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Old 03-18-2019, 07:49 AM
iona6656 iona6656 is offline
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Quote:
Originally Posted by YoungDad23 View Post
It could not come at a better time for me as I stand on the brink of attempting mediation with an unreasonable co-parent that will likely end up with us needlessly back in court.
why are you attempting mediation? how much is it going to cost you- not only financially but time as well?

One thing I've learned is that if the other side is unreasonable- and more than that- irrational- mediation doesn't work. It won't work and you'll just delay time to get to court. If you have a lawyer- you'll rack up legal fees.
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