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Father finds out the hard way that bad faith can cost you big time in court

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  • Father finds out the hard way that bad faith can cost you big time in court

    From today's National Post. Interesting case in Ontario Superior Court.

    Wouldn't it be great if more high conflict litigants were appropriately punished for bad faith in family court!

    https://business.financialpost.com/p...box=1559661257

    CanLii Links:

    Case

    https://www.canlii.org/en/on/onsc/do...&resultIndex=1

    Costs Decision

    https://www.canlii.org/en/on/onsc/do...&resultIndex=2

  • #2
    wow....

    ew. is all I could think. This poor little girl to have this guy as her father.

    also- wtf@ their salaries being so low. I guess rich people really do know how to hide their assets.

    That is paltry CS for this little girl to get, considering her father's profession.

    Comment


    • #3
      also wtf@ his lawyers. all the straight-up bad faith in this litigation...sounds to me like a law society complaint should be made about them...you have an obligation to not file false affidavits in court- conduct yourself within the Rules of Professional conduct...doesn't sound like- to me- they were doing that.

      Comment


      • #4
        They are both in their residencies, thats why their income is so low.

        What I find interesting about this case is that mothers pull these stunts all the time. Will this decision impact those cases where moms make false allegations and use them as the basis for a false status quo? Or is this decision because it was a man? Not that I want to say I’m bashing either sex, just that you hear about cases where mothers do this often yet this is the first I’ve seen involving a father withholding and making false allegations.

        Comment


        • #5
          Originally posted by rockscan View Post
          . Will this decision impact those cases where moms make false allegations and use them as the basis for a false status quo? Or is this decision because it was a man? Not that I want to say I’m bashing either sex, just that you hear about cases where mothers do this often yet this is the first I’ve seen involving a father withholding and making false allegations.
          Let's hope so....if you make a false allegation to gain an advantage - these should be the repercussions you face.

          Comment


          • #6
            Originally posted by iona6656 View Post
            Let's hope so....if you make a false allegation to gain an advantage - these should be the repercussions you face.


            How about stating on your financials that you have health benefits for yourself and the children. With a cost associated to it. Then when disclosure is asked and an endorsement is signed by the judge dad admits he lied and does not have benefits???

            Just the start of disclosure!!


            Sent from my iPhone using Tapatalk

            Comment


            • #7
              Originally posted by iona6656 View Post
              Let's hope so....if you make a false allegation to gain an advantage - these should be the repercussions you face.
              I sure hope so!

              Mother of my S5 is making noises that she is warming up to reopen litigation with more false allegations and has been trying to goad me into conflict by email and intimidate me by having her new husband do exchanges of kid instead of her under the guise that she feels "threatened".

              Comment


              • #8
                Will this decision impact those cases where moms make false allegations and use them as the basis for a false status quo?

                I guess you didn’t read the cost Order, where it specifically relied on the prior Karar v Abo-El Ella - citing it as a time a mother demonstrated bad faith (the other citation, Kaverimanian v. Kaverimanian is a father demonstrating bad faith). The Courts are not biased against Fathers, notwithstanding the cries of the MRAs.

                Comment


                • #9
                  Originally posted by YoungDad23 View Post
                  intimidate me by having her new husband do exchanges of kid instead of her under the guise that she feels "threatened".

                  IMO your attitude to this should be, you don't care who does the exchanges. You only care that the exchanges happen and that you have as little interaction as possible (no matter who happens to be there).

                  Comment


                  • #10
                    Yep what Hammerdad said. You could even take it a step further and lay it on thick. “Look who’s here! Momshusband! Are you excited to see him?” Lol

                    Comment


                    • #11
                      Originally posted by HammerDad View Post
                      IMO your attitude to this should be, you don't care who does the exchanges. You only care that the exchanges happen and that you have as little interaction as possible (no matter who happens to be there).
                      Thanks HammerDad and rockscan.

                      You're right and I'm very glad the exchanges still happen right on schedule with no disruption to my time with S5.

                      I have pulled way back from having any interaction with either her husband or her mom (who does the exchanges on occasion) by staying in my car until kid emerges, letting him navigate the porch and stairs by himself.

                      The last time her husband tried to engage me in a discussion about something not kid related, I said I didn't know what he was referring to and then drove away. (I really didn't know what he was asking about and wasn't going to get into it with kid strapped into car)

                      Comment


                      • #12
                        There's nothing wrong with fake pleasantries IMO. Quite simply anything to keep the peace, allowing me to get moving as fast as possible.

                        Comment


                        • #13
                          Emergency ex-parte motions should not be miss used:

                          https://www.ottawadivorce.com/forum/...ad.php?t=15139

                          I have warned people many times about the impact pulling these stunts has on the long-term impact of the overall case.

                          Comment


                          • #14
                            @Janus

                            This is a whopper:

                            http://canlii.ca/t/j0cct

                            Comment


                            • #15
                              W-O-W

                              I almost want to sit in on that shitshow.

                              Comment

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