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Custody battle costs award: $438,188

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  • Custody battle costs award: $438,188

    2021 ONSC 1537.

    Anyone has seen anything this high or higher?

  • #2
    What's the canlli link to that case?

    Sent from my SM-G960W using Tapatalk

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    • #3
      https://canlii.ca/t/jdh4n

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      • #4
        https://www.canlii.org/en/on/onsc/do...21onsc330.html

        I read the main custody case. Holy crap, such devious, manipulative and evil mother. Why aren't such person charged with perjury? Obstruction of justice? Contempt of court?

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        • #5
          Perjury - I suspect the mother's absence from Canada may have something to do with it.

          Obstruction of Justice - this is not applicable.

          Contempt of Court - the mother's absence from Canada may have something to do with it.

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          • #6
            Often, what happens, is that people deplete their financial resources well in advance before the fight is even over. You read TONS of case law where it states that parties were represented for the case conference, X number of settlement conferences, and then were self-repped at the end when having representation is most crucial.[/QUOTE]

            This is exactly what has been happening. $100k in conferences/emails/phone calls and now that it's close to Trial no money left.

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            • #7
              There was that guy who got a 2 million dollar costs award against the CAS in London I believe.

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              • #8
                https://www.canlii.org/en/on/onsc/do...4onsc1414.html

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                • #9
                  Wow. Speachless. Now imagine if a mother in Lenihan v. Shankar, 2021 ONSC 330 had support from CAS and OCL as in Children’s Aid Society of London and Middlesex v. C.D.B., 2014 ONSC 1414. What a potential nightmare scenario. Good for C.D.B. that "money was no object", imagine an average person fighting against an institutional litigant such as CAS?

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                  • #10
                    Originally posted by Kinso View Post
                    Perjury - I suspect the mother's absence from Canada may have something to do with it.

                    Contempt of Court - the mother's absence from Canada may have something to do with it.
                    No and no, the judge awarded costs against her in absentia, she was attending court via phone until the end and just like costs the judge had the power to hold her in contempt and issue a warrant for her arrest on perjury.

                    There are other gender based political reasons why they don't do it.

                    There was another ontario case in which the judge listed 67 instances in a table format of the mother calling the police, cas and other agencies falsely. the judge clearly wrote that all of those call were false. the same judge actively refused to even grant the dad's request to fine to woman stating "she has also lost custody of her daughter" i.e. losing custody is a punishment. imagine the implications here.

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                    • #11
                      If the courts would treat perjury early then it would stop early, not spread and prevent a lot of suffering.

                      Did that sound like I was referring to a disease?

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