Announcement

Collapse
No announcement yet.

Caselaw: DV, Emergency Motions, Mobility,... This one has it all!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Caselaw: DV, Emergency Motions, Mobility,... This one has it all!

    J.K. v. W.R.N, 2016 ONSC 3179 (CanLII)
    Date: 2016-05-13
    Docket: FS-14-394522
    Citation: J.K. v. W.R.N, 2016 ONSC 3179 (CanLII)
    http://canlii.ca/t/grpzs

    Too much to cite on this one. I will need to read it a few times over to provide a proper analysis but, I leave this para for the "domestic violence" people to ponder:

    [215] Before leaving the issue of custody, I recognize the Applicant’s argument that she has suffered domestic violence perpetrated by the Respondent such that this conduct should properly impact an award of custody and access, pursuant to s. 24(4) of the CLRA. She relies on the cases considering domestic violence in the context of exclusive possession of the matrimonial home: see Family Law Act, R.S.O. 1990, c. F.3, s. 23(3)(f); Hill v. Hill (1987), 10 R.F.L. (3d) 225 (Ont. Dist. Ct); Kutlesa v. Kutlesa (2008), 2008 CanLII 13187 (ON SC), 52 R.F.L. (6th) 164 (Ont. S.C.); and Menchella v. Menchella, 2012 ONSC 6304 (CanLII). I agree with the Applicant’s submission that domestic violence can be demonstrated on social media and by use of electronic communications. I also agree that the Respondent’s electronic communications to the Applicant were at times vulgar, offensive and threatening. The worst of the text messages came in April 2014, after the first time the Applicant left the matrimonial home without notice, taking M.N. to Ali’s home and after she had consulted with a lawyer. This was the same month that the parties had a terrible fight leaving the Respondent and M.N. with scratches. The Respondent’s electronic communications cannot be assessed in isolation. They are part of a broader picture of two parents bitterly fighting to control the process of separation and the custody of their daughter. This is not to excuse the Respondent’s communications. His response to the Applicant and her supporters was not acceptable. In this context, however, in my view, it would be a mistake to characterize such communications as domestic violence or abuse.

    Source: J.K. v. W.R.N, 2016 ONSC 3179 (CanLII), par. 215, http://canlii.ca/t/grpzs#par215
    There is a lot of interesting stuff. The analysis of the Section 30 assessment is really well done. I have always maintained that these "experts" need to read more case law. The judge points this out in a very polite way by citing some case law we are all familiar with. (Not WD but, the case he relied upon that I often cite when someone tries to pull the "unable to communicate" card.)

    Good Luck!
    Tayken

  • #2
    She was cheating btw... just saying...

    Comment


    • #3
      That was a really great read. Thanks!

      Edit: I just saw at the end he awards them 2-2-3 which is a schedule I hate (sorry Tayken, I know you like it!). I hope it works out of them and their daughter!

      Comment


      • #4
        Originally posted by ensorcelled View Post
        That was a really great read. Thanks!

        Edit: I just saw at the end he awards them 2-2-3 which is a schedule I hate (sorry Tayken, I know you like it!). I hope it works out of them and their daughter!
        The Section 30 is from a practice that always recommends 2-2-3 or 2-2-5-5. If you look up the Section 30 "expert" and the others mentioned from that practice you will notice they all use the same template. The content is repeated between multiple cases in CanLII. I have most of their template extracted out of these public decisions.

        Suffice to say, people are spending 30,000 to purchase information they can get off this site or free from CanLII.

        Comment


        • #5
          Originally posted by Links17 View Post
          She was cheating btw... just saying...
          No fault divorce. Adults will be adults. Most people (in North America) do not care about "cheating" anymore. It only matters to religious zealots mostly these days. If you are one of them then "your god" will judge them on death and you just have to be happy with that.

          Comment


          • #6
            I also forgot to mention in the "this one has it all!" comment that it has two stupid parents.

            Comment


            • #7
              Originally posted by Tayken View Post
              The Section 30 is from a practice that always recommends 2-2-3 or 2-2-5-5. If you look up the Section 30 "expert" and the others mentioned from that practice you will notice they all use the same template. The content is repeated between multiple cases in CanLII. I have most of their template extracted out of these public decisions.

              Suffice to say, people are spending 30,000 to purchase information they can get off this site or free from CanLII.
              I would have to quit my job if we had that schedule

              Comment


              • #8
                Originally posted by Tayken View Post
                No fault divorce. Adults will be adults. Most people (in North America) do not care about "cheating" anymore. It only matters to religious zealots mostly these days. If you are one of them then "your god" will judge them on death and you just have to be happy with that.
                Actually that's not true, last I checked it's still considered reprehensible to cheat by most people. It is only the only the courts that don't care mostly because it would result in less privatized welfare. And yes people will be judged, there are no free rides
                Last edited by Links17; 10-16-2016, 08:05 AM.

                Comment


                • #9
                  Adultery, mental or physical cruelty remain grounds for divorce.

                  I knew of my ex's affair but the day I found the evidence I removed his belongings from the home and changed the security code. My lawyer obtained an immediate order (within days) for exclusive use of matrimonial home. Adultery as a basis for divorce meant for me that the day the judge heard our case our divorce was pronounced - no waiting period. This was important to me.

                  I like that the word "adultery" is one of the first things the judges read whenever my ex drags me to court. While it may not be directly related to the matter at hand, the word does most specifically indicate reason for divorce. I believe it makes a difference also as our marriage is considered to be long-term and traditional.

                  I am not a religious zealot.

                  Comment


                  • #10
                    ....the more valid reason why marriage should be made a business deal renewable every 5yrs, as some studies have proposed

                    Renewable 'wedleases' would work better for couples than a traditional set-up | Daily Mail Online

                    The Starter Marriage can be an improvement on the traditional marital model because 'each spouse will need to be paying closer attention to his or her actions and stick to what was agreed to, lest his or her partner decides not to renew a few years down the road', the 53 year old claims.
                    And if the couple do decide to part, the separation should be more amicable than other divorces might be and reduce the odds of individuals feeling like they have 'failed', she adds.
                    'Because a Starter Marriage by its nature avoids the drama that typically goes along with a marital dissolution, you and your former spouse will more likely be able to sit down and compare notes about what worked and what didn't.'
                    If the couple stay together, the new contract could be amended to fit another of the specific marital models that Mrs Pease Gadoua advocates.



                    Are Renewable Marriage Contracts The Wave Of The Future? | Huffington Post

                    Comment


                    • #11
                      End alimony and make shared custody by default, the divorce rate would drop down to 25% instead of 50%.

                      As long as women think they are going to keep the kids and the house and have the guy pay for them while they have affairs the 70% women divorce filings will keep going.

                      There are good reasons to get divorced.

                      Comment


                      • #12
                        Caselaw: DV, Emergency Motions, Mobility,... This one has it all!

                        Originally posted by Links17 View Post
                        End alimony and make shared custody by default, the divorce rate would drop down to 25% instead of 50%.

                        As long as women think they are going to keep the kids and the house and have the guy pay for them while they have affairs the 70% women divorce filings will keep going.

                        There are good reasons to get divorced.


                        Excellent case. Thanks for posting.

                        Links, I somewhat agree with you.

                        This is how they see it.

                        I can leave him, keep my kids, and get money from him. I will have so much freedom and have sex with whoever I want and when I want.

                        What they seem to forget is how that effects the kids and what sort of example they set for their kids.

                        If they go 50-50. Then at least they are doing it in a way that it is fair and makes sense to everyone. Not in a selfish money drive way. They will accept anything as long as it falls below 40%. If it's over 40% then better watch out for those nasty affidavits written by pinocio


                        Sent from my iPhone using Tapatalk

                        Comment

                        Our Divorce Forums
                        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                        Working...
                        X